Bob Baffert hearing extended as trainer seeks injunction to end Churchill Downs suspension
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Hall of Fame trainer Bob Baffert is making a last-ditch effort to participate in this year’s Kentucky Derby, but the six-time winner is running out of time.
Baffert is seeking a temporary injunction to lift his banishment from Churchill Downs so he can run horses during the upcoming Spring Meet, scheduled for April 29-July 3. That includes the Kentucky Oaks on May 5 and the Kentucky Derby on May 6.
After a four-hour hearing Thursday in U.S. District Court, Judge Rebecca Grady Jennings agreed to extend the hearing until Friday, beginning at 10:30 a.m. Baffert is scheduled to be called as a witness.
It's uncertain whether Jennings will issue a ruling Friday once the hearing is finished.
In June of 2021, Churchill Downs announced a two-year suspension of Baffert. He appeared to have a would-be-record seventh Kentucky Derby winner in Medina Spirit, who crossed the finish line first in the 2021 Run for the Roses but ultimately was disqualified for a drug violation.
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It was that violation that led Churchill Downs to ban Baffert at the track through the 2023 Spring Meet.
“Reckless practices and substance violations that jeopardize the safety of our equine and human athletes or compromise the integrity of our sport are not acceptable, and as a company we must take measures to demonstrate that they will not be tolerated,” Bill Carstanjen, CEO of Churchill Downs Incorporated, said when the suspension was announced. “Mr. Baffert’s record of testing failures threatens public confidence in thoroughbred racing and the reputation of the Kentucky Derby.”
During Thursday's hearing, Baffert's lawyer Clark Brewester said Carstanjen made an unprecedented decision "as a matter of might instead of right."
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Churchill Downs lawyer Thomas Dupree countered that Baffert's actions were unprecedented, mentioning the drug-related disqualifications of Medina Spirit and Gamine, who finished third in the 2020 Kentucky Oaks.
"That's what is unprecedented here," Dupree said.
Lawyers spent much of Thursday debating whether Medina Spirit should have been disqualified after a race-day blood test revealed 21 picograms of betamethasone in the horse's system. Betamethasone is a corticosteroid and is legal as a therapeutic aid for horses. However, it is illegal when found in the blood on race day because it’s considered a possible performance-enhancer.
Brewster argued Baffert deserved a hearing before Churchill Downs made the decision to suspend him.
"They never took the time to understand the facts before they acted," Brewster said.
Dupree said Baffert had "no right under contract to a hearing."
Churchill Downs’ two-year ban was separate from the 90-day suspension of Baffert by the Kentucky Horse Racing Commission. That suspension kept Baffert from entering horses at any track in the United States from April 4-July 3 of 2022.
Baffert’s one-year ban by the New York Racing Association — which oversees Aqueduct, Belmont and Saratoga — came to an end last week.
Baffert transferred two of his horses to fellow trainer Tim Yakteen so they could run in last year’s Kentucky Derby. Both horses finished out of the money — Taiba in 12th place and Messier 15th.
A new rule will force Baffert’s hand much earlier this year. The 2023 Triple Crown nomination form includes the following stipulation: “Horses under the care of any suspended trainer or affiliates may be transferred to a non-suspended trainer and become eligible for earning points on a forward-looking basis so long as the transfer is complete by February 28, 2023.”
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That means Baffert can’t wait until March or April to transfer his horses to eligible trainers, as he did last year when Taiba and Messier ran 1-2 for Yakteen in the April 9 Santa Anita Derby and earned enough points to qualify for the Kentucky Derby.
As usual, Baffert is training several promising 3-year-olds this year who look to be prime Kentucky Derby contenders. Leading the way is Arabian Knight, a son of Uncle Mo and a winner in two career starts. That includes a 5 ½-length romp in the Grade 3 Southwest on Saturday at Oaklawn Park. Because of Baffert's Churchill Downs ban, Arabian Knight was not awarded the 20 Kentucky Derby qualifying points allotted to the Southwest winner.
At 6-1 odds, Arabian Knight is listed as the top Kentucky Derby contender in the Caesars Sportsbook and Circa Sports future wagers. Arabian Knight is owned by Amr Zedan, who also owned Medina Spirit.
After Saturday’s victory in the Southwest, Baffert was unsure when and where Arabian Knight will race next.
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“There’s no rush,” Baffert said. “I just want to keep him healthy and happy. You saw what he did today. It was like an American Pharoah-type race. … He’s a superior 3-year-old.”
Following Thursday's hearing, Baffert was asked whether his legal battles with Churchill Downs have lessened his desire to race at the track.
"I'm horse crazy; I love Kentucky," Baffert said. "Kentucky means a lot to me. I have great memories here at Churchill and in Louisville. That has not affected me at all."
Jason Frakes: 502-582-4046; jfrakes@courier-journal.com; Twitter: @KentuckyDerbyCJ.
This article originally appeared on Louisville Courier Journal: Bob Baffert hearing to end Churchill Downs ban extended to Friday
