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Baffert Hearing Could Lead to Contempt Charge for NYRA

Bob Baffert's attorney said NYRA is pursuing a suspension already stayed by a court.

Bob Baffert

Bob Baffert

Anne M. Eberhardt

The New York Racing Association will face a motion for contempt if it pursues reinstating any suspension against Hall of Fame trainer Bob Baffert, according to a Sept. 21 letter sent to U.S. District Court Judge Carol Bagley Amon.

The letter, from Baffert's attorney W. Craig Robertson III, was sent in reaction to hearings NYRA scheduled for Baffert and trainer Marcus Vitali to address "conduct it believes warrants revocation or suspension of their right to train and race horses at NYRA tracks." The allegations are similar to ones Baffert faced back in May, when NYRA suspended him from entering horses at Aqueduct Racetrack, Belmont Park, or Saratoga Race Course.

Baffert was suspended May 17 for engaging in conduct detrimental to the best interests of the sport of Thoroughbred racing or potentially injurious to the health and safety of horses or riders. This suspension stemmed from the post-race positive test result returned for the corticosteroid betamethasone in Kentucky Derby Presented by Woodford Reserve (G1) winner Medina Spirit, who is trained by Baffert and raced by Zedan Racing Stables.

The trainer took NYRA to court and had the suspension successfully stayed July 14, arguing he had been denied due process.

With the suspension stayed, Baffert raced six horses at Saratoga and won the Ketel One Ballerina Handicap (G1) with Gamine.

Armed with new hearing rules and procedures it announced Sept. 10, however, NYRA scheduled a Sept. 27 hearing for Baffert and a Sept. 30 hearing for Vitali.

BLOODHORSE: NYRA Announces New Rules, Hearings for Baffert, Vitali

Robertson said in Tuesday's letter to Amon that the only difference between NYRA's original suspension letter in May and the one sent Sept. 10 notifying Baffert of the hearing is the date on the letterhead.

"The only thing different is that it appears that NYRA has concocted some procedures—apparently just for this case—in an attempt to retroactively install legitimacy to its blatantly unlawful actions," Robertson wrote. "There is nothing new which has transpired since NYRA was enjoined (meaning, forced to stay its suspension and allow Baffert to race). No new facts, no new allegations. If anything, the facts have moved more solidly in Baffert's favor and toward maintaining the status quo as Baffert raced several horses at the recent Saratoga meet without incident."

"Until this litigation is concluded, NYRA cannot move forward with attempting to enforce a suspension against Baffert that is identical to the one which has been enjoined," Robertson continued. "NYRA should be found in contempt of this court's injunction order and NYRA's renewed effort to suspend Baffert should be stayed."

When the new hearing rules and procedures were announced, NYRA president and CEO Dave O'Rourke said the racing association still has a responsibility to protect the integrity of the sport of Thoroughbred racing.

"We are determined to ensure the actions taken in furtherance of that goal comport with the requirements of due process, which is what the hearing rules and procedures established by NYRA provide," O'Rourke said.

"Contrary to the assertion filed in court today, Mr. Baffert is not currently under suspension at any NYRA racetrack," noted NYRA spokesman Pat McKenna Tuesday. "In fact, Mr. Baffert is free to stable horses and enter races at all NYRA facilities, just as he has been for the past two months.

"NYRA is not seeking to 'enforce' the May 17, 2021, letter temporarily suspending him," McKenna continued. "That letter is no longer in effect and NYRA does not now or in the future intend to enforce or otherwise invoke that letter as the basis for any action taken against Mr. Baffert. The current NYRA hearing proceeding was independently commenced pursuant to NYRA's common law and regulatory authority to exclude licensees, subject to the requirements of due process, and in full compliance with the U.S. District Court's order and memorandum, dated July 14, 2021, in Bob Baffert v. The New York Racing Association, Inc."

Robertson said in his letter to Amon that any suspension by NYRA is "tantamount" to a suspension of his license in New York, which he contends is an action only the New York Gaming Commission can take.

"That issue is squarely before the court and has to be finally decided," Robertson wrote. "This is another reason why NYRA cannot plow forward ignoring not only the court orders, but also the important legal issues that have yet to be decided by this tribunal."

"Baffert has a final draft of this motion ready to be filed," Robertson continued, referring to a motion to hold NYRA in contempt. "NYRA has indicated that it plans to move forward with its renewed efforts to suspend him on Oct. 11, 2021. If NYRA does not voluntarily agree to hold off on such efforts until this motion can be fully briefed and decided by the court, Baffert will have no choice but to come back before the court seeking emergency relief."

No disqualification of Medina Spirit or ruling against Baffert has yet been issued by the Kentucky Horse Racing Commission. Follow-up testing continues and no formal hearing before the Kentucky stewards has been scheduled.

While betamethasone is a therapeutic drug commonly injected into a joint to reduce inflammation, Baffert has said the substance was in Medina Spirit's blood because of a topical ointment used because of a skin issue. In Kentucky, the drug is permitted for therapeutic use but is not allowed at any level in a horse's system on race day. It typically is administered to horses as an injection with a 14-day withdrawal time.