Court of Appeals Rebuffs Baffert Suspension Stay Motion

Trainer Bob Baffert's motion for emergency relief from a 90-day suspension of his license was turned down by the Kentucky Court of Appeals April 1, a week after the motion was filed. With entry of the order signed by Judge Allison Jones, Baffert's effort to obtain a stay of his suspension before a full hearing is held with the Kentucky Horse Racing Commission failed for the fourth time. Following statutory guidelines, he previously attempted to obtain a stay order from Marc Guilfoil, executive director of the Kentucky Horse Racing Commission; a full panel of the KHRC; and, most recently, Franklin Circuit Judge Thomas Wingate in Frankfort, Ky. Court rules on the matter say in order for the Court of Appeals to find an emergency, there must be an underlying finding that Baffert would suffer irreparable injury before the matter can be heard in due course. Wingate's ruling found that Baffert failed to assert irreparable injury as a matter of law. After denying Baffert's emergency motion, Jones' order says: "The underlying motions for interlocutory relief along with any additional, dispositive motions shall be assigned to a three-Judge panel of this Court following expiration of the response time provided in the Civil Rules." The time provided in the rules makes it unlikely any immediate action will be taken. The suspension is related to medication violations from Baffert trainees, capped by Zedan Racing Stables' Medina Spirit's post-race positive test for betamethasone following the 2021 Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs. The KHRC suspended Baffert and fined him $7,500 in February and disqualified Medina Spirit from the race. ANGST & KING: Medina Spirit Disqualified from 2021 Kentucky Derby Win Betamethasone is a corticosteroid that is prohibited in any level on race day in the state of Kentucky. It is a penalty Class C substance, a level considered to have "a lesser potential to influence performance" compared with the performance-enhancing effects of drugs in Class A or B. The penalties assigned by the stewards are in line with Kentucky's recommended sanctions for such a finding. Wingate turned down Baffert's request March 21. Baffert's motion with the Court of Appeals was filed March 24 even as, on the same day, arrangements were in motion to transfer four horses with Triple Crown potential from Baffert's barn to the barns of trainers Tim Yakteen and Rodolphe Brisset. Baffert's top 3-year-olds this spring have not earned any qualifying points on the Road to the Kentucky Derby, owing to Churchill Downs Inc.'s suspension of him from its racetracks through the middle of 2023. Doppelganger was entered by Yakteen in the April 2 Arkansas Derby (G1) while Blackadder is eying the April 9 Toyota Blue Grass Stakes (G1) for Brisset. Messier is on track for the April 9 Runhappy Santa Anita Derby (G1), and McLaren Vale, third in the seven-furlong San Vicente Stakes (G2), is working steadily toward his third career start. Both of the latter horses are in Yakteen's barn. Wingate's ruling deferred the onset of Baffert's suspension until April 4, which allowed time for Baffert to ask the Court of Appeals for review. At this point, from all appearances only an order by the Kentucky Supreme Court could intervene. However, the high court is not required to review the April 1 Court of Appeals order even if requested to do so, and it will conduct such a review in its discretion only if "extraordinary cause" is shown, according to court rules. During a hearing before Wingate, Guilfoil testified to his reasons for denying the stay. Wingate's ruling said based on that testimony, applicable regulations, and Court of Appeals precedent, that Guilfoil did not act in an arbitrary manner; and that the granting of stays for suspended trainers is not automatic as a matter of law despite the practice having been followed on multiple occasions. Instead, Wingate wrote, legislative intent is clear that such decisions must be made on a case-by-case basis. The case before the Court of Appeals applies to the suspension handed down by Kentucky stewards, not the private property suspension issued by Churchill Downs against Baffert through mid-2023. Baffert is contesting that ban in federal court, where a hearing on a preliminary injunction motion is set for April 15. The suspension, which will be honored by racing jurisdictions across the country, will result in Baffert having to disband his Southern California stable due to California Horse Racing Board rule 1843.3, which mandates any trainer who receives a suspension of 60 days or more be banned from all CHRB-licensed facilities. In addition, the rule states, "During the period of suspension, such trainer shall forfeit all assigned stall space and shall remove from the inclosures (sic) all signage, colors, advertisements, training-related equipment, tack, office equipment, and any other property." "We were disappointed by today's decision, but it's important to understand that the court made it clear that it denied the stay purely on procedural grounds and not on the merits, all of which point to Bob ultimately winning this case. We will continue to fight for Bob's ability to race and win in Kentucky and against the injustice of KHRC against Bob," said Clark Brewster, attorney for Bob Baffert.