Plus, the responses from associated parties
The ruling
Upon receipt of notification from Industrial Laboratories, the official testing laboratory for the Kentucky Horse Racing Commission, and confirmed at University of California, Davis (Laboratory No: 210525-424136), sample number E427258 taken from MEDINA SPIRIT, who finished first in the twelfth race at Churchill Downs on May 1, 2021, contained betamethasone in blood (Class C drug)(fourth medication violation in 365 days in any racing jurisdiction). After a formal hearing before the Board of Stewards Robert A. Baffert is hereby suspended 90 days, March 8, 2022 through June 5, 2022 (inclusive) and fined seven thousand five hundred ($7,500) dollars. MEDINA SPIRIT is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Baffert is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Baffert is denied pending transfer to persons acceptable to the stewards. Upon receipt of this ruling, it is required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission. Failure to do so will subject the licensee to summary suspension of license pursuant to 810 KAR 3:020 Section 15 (cc).
Baffert attorney Clark Brewster
We are disappointed by the Commission’s ruling, but not surprised. This ruling represents an egregious departure from both the facts and the law, but the numerous public statements by KHRC officials over the last several months have made perfectly clear that Bob Baffert’s fate was decided before we ever sat down for a hearing before the three stewards, one of whom is directly employed by Churchill Downs as the racing director at Turfway Park. We will appeal, and we will prevail when the facts and rules are presented to detached, neutral decisionmakers.
- The Kentucky Rules of Racing, KHRC Rule 8:020-2, regulates only “betamethasone acetate” “via IA [intra-articular joint] administration” and prohibits its use only if that injection occurred within 14 days of the race.
- The Kentucky Rules of Racing, Rule 8:010, Section 4, expressly permits trainers to administer ointments containing betamethasone under a rule captioned “Certain Permitted Substances,” which states that “ointments . . . and other products commonly used in the daily care of horses may be administered by a person, other than a licensed veterinarian if”: (1) The treatment does not include any drug, medication, or substance otherwise prohibited by this administrative regulation; (2) The treatment is not injected; and (3) The person is acting under the direction of a licensed trainer or veterinarian licensed to practice veterinary medicine in Kentucky and licensed by the commission.
The outcome should have been clear. Betamethasone valerate is a permitted substance that can be administered to a horse. It was not injected. And it was administered at the direction of a veterinarian, who contemporaneously reported that treatment to a national database accessible to the KHRC prior to the Kentucky Derby. There was no rule violation.
The unrefuted and undisputed facts established at the hearing were: (1) Medina Spirit was treated with an ointment, not an injection; (2) the trace amount of betamethasone detected could not have affected the horse in any way; and (3) the trace amount of betamethasone detected could not possibly have affected the outcome of the race.
In other words, Medina Spirit would have won with or without the ointment because it was irrelevant in every way. The stewards’ decision to rob Medina Spirit of a victory he earned was not in accordance with the law but instead represents biased, purposeful, and wrongful action.
Unless regulators draft and apply Rules of Racing that reflect the practical realities of caring for horses and the irrelevance of trace levels of permitted therapeutic medications, this sport will continue to suffer. Until then, Bob will continue doing the one thing that sets him apart from the KHRC, Churchill Downs, and NYRA: fighting for an honest, fair and transparent application of the rules for all the incredibly hardworking horsemen and horsewomen dedicated to our sport.”
Churchill Downs Inc.
Today Churchill Downs recognizes Mandaloun as the winner of the 147th running of the Kentucky Derby and extends our congratulations to owner/breeder Juddmonte, trainer Brad Cox and jockey Florent Geroux. Winning the Kentucky Derby is one of the most exciting achievements in sports and we look forward to celebrating Mandaloun on a future date in a way that is fitting of this rare distinction.
