Attorneys for horse trainer Bob Baffert have filed a lawsuit on Tuesday against the Kentucky Derby’s parent company and two others, calling for a judge to overturn his suspension from Churchill Downs Inc. races.
In a press release received by Sports Illustrated’s Pat Forde, the lawsuit names CDI, its CEO William C. Carstanjen and its Board Chair R. Alex Rankin and says CDI and its leaders violated the trainer’s right to due process when Baffert’s colt Medina Spirit tested positive for a banned substance following the Derby. The complaint, filed in the U.S. District Court for the Western District of Kentucky, says the trainer was not given the opportunity to refute CDI’s allegations or allowed to appeal the decision.
“The facts are clear, and Churchill Downs knows them but refuses to acknowledge them,” Bafferts attorney Clark Brewster said in the statement. “Churchill Downs knows the post-race test report occurred as a result of the use of a harmless ointment known as Otomax. They know it was prescribed by Medina Spirit’s treating veterinarian and properly and timely reported to the data bank the day it was dispensed. They know no rule was violated, and the ointment could never have enhanced Medina Spirit’s performance. To maintain otherwise is absurd.
“And Churchill Downs and Mr. Carstanjen knew full well that imposing its suspension, based on zero factual or legal support, would give illegitimate credibility to a false narrative about Bob, creating pressure on the Kentucky Race Horsing Commission stewards to take action against him, too.”
Baffert was barred from competing in the Kentucky Derby for two years in June after Medina Spirit tested positive for the steroid betamethasone following the race last May. The trainer was subsequently stripped of the victory, fined $7,500 and forced to forfeit all the purse money. He was also suspended for 90 days by the Kentucky Race Horsing Commission stewards.
Baffert and his lawyer’s say that Medina Spirit was given a topical cream containing the substance because the horse had a rash before the May 1 race. They allege in the suit that the Kentucky Horse Racing Commission does not differentiate between topical or injectable forms of betamethasone in their testing, though they claim further testing confirmed it was a topical application.
The complaint also claims that CDI’s suspension is a “targeted effort to eliminate a competitor.”
“This case and the events of the last eight months are about more than just me and my ability to do the work I love,” Baffert said. “If powerful forces can block me from competing, they can do this to anyone. This is a fight for the integrity of our great sport, and we have the facts, the law and the truth on our side.”
Per the Associated Press, five of Baffert’s horses have failed drug tests since 2020 including Medina Spirit. The New York Times reported in 2020 that there have been 29 instances of failed drug tests from his horses spanning his four decade career.
CDI promptly responded to the lawsuit in a release obtained by SI’s Forde, calling the lawsuit “baseless” and ”certainly not surprising.”
“The lawsuit filed by Bob Baffert is disappointing but certainly not surprising,” it reads. “His claims are meritless and consistent with his pattern of failed drug tests, denials, excuses and attempts to blame others and identify loopholes in order to avoid taking responsibility for his actions. These actions have harmed the reputations of the Kentucky Derby, Churchill Downs and the entire Thoroughbred racing industry. Churchill Downs will fight this baseless lawsuit and defend our company’s rights.
“What’s at stake here is the integrity of our races, the safety of horses and the trust of the millions of fans and bettors who join us every year on the first Saturday in May.”
Medina Spirit won the 147th annual Kentucky Derby in a shocking upset over favorite Essential Quality. It was Baffert’s seventh Derby win. On May 8, Baffert was informed by the Kentucky Racing Commission that the colt had tested positive for 21 picograms of the anti-inflammatory medicine in a post-race sample. The legal limit in Kentucky is 10 picograms.
After being stripped of the victory, second-place finisher Mandaloun was officially recognized as the 2021 winner.
Three-year-old Medina Spirit died on Dec. 6 following a workout. Baffert said the colt died of a heart attack, though a necropsy released in February revealed no definitive cause of death.
