Bob Baffert's career as a racehorse trainer may be hanging by a hair. And Monday Franklin County Circuit Judge Thomas D. Wingate split that hair.
Wingate ruled that Baffert's suspension is not entitled to a stay of the 90-day suspension imposed by the Kentucky Horse Racing Commission over Medina Spirit's Kentucky Derby drug positive.
But, because of "the gravity" of the situation, Wingate allowed a brief delay: Instead of the suspension starting immediately, Baffert's suspension will not begin until April 4.
Wingate granted the delay to give Baffert time to take the matter to the Kentucky Court of Appeals.
"The Court understands the gravity of this ruling on Plaintiffs. Accordingly, the Court will alleviate this impact by staying the implementation and enforcement of Stewards Rulings 21-0009 and 21-0010 until April 4, 2022. In the interim, Plaintiffs may seek emergency relief with the Kentucky Court of Appeals and take any necessary action to comply with the ramifications of the penalties imposed," Wingate said in the order.
If the Kentucky Court of Appeals grants no relief, then the 90-day suspension will begin April 4, Wingate ordered.
The ruling came after a March 17 hearing where Baffert's attorneys argued that the suspension and $7,500 fine imposed by the stewards should be stayed while Baffert appeals.
Medina Spirit crossed the finish line first in the 2021 Kentucky Derby but on Feb. 21 the racing stewards struck down the win, disqualifying Medina Spirit for testing positive for betamethasone, which is a medication prohibited during racing. Mandaloun, who finished second, was declared the winner.
The racing commission last month declined to stay the suspension, which was scheduled to begin in March. Last week, racing commission executive director Marc Guilfoil told the court that he did not find good cause to stay the suspension based on four medication positives in Baffert's horses in the last year.
Baffert said last week that the suspension would effectively end his career. Because the suspension imposed in Kentucky will be honored in other racing jurisdictions, Baffert told the judge that he will be precluded from racing anywhere in the U.S. and in California, where he is based, he will be required to vacate his barns and remove all signage.
He and his legal team, along with Amr Zedan, the owner of the late Medina Spirit, are appealing the stewards' ruling that the betamethasone in Medina Spirit violated Kentucky racing medication rules. A hearing is scheduled for April 18.
Baffert's attorneys have argued that the corticosteroid was in a topical ointment for a skin rash rather than as a joint injection. But the stewards determined that method of administration did not matter under Kentucky drug rules.
Baffert also is suing Churchill Downs Inc., which has barred him from the Kentucky Derby through 2023. He cannot train or race any horses at Churchill-owned properties and horses he trains cannot accrue points toward entry in the Derby. Baffert is attempting to force Churchill to let him enter horses and acknowledge points earned toward the top race for 3-year-old Thoroughbreds.
Wingate's order makes it clear that based on previous Kentucky racing medication cases the judge does not think Baffert will succeed in his appeal of the stewards' ruling.
The highest importance, Wingate wrote, "is the pubblic interest in protection the horses racing in the Commonwealth. The conclusions reached in the Stewards Rulings present concern that a banned Class C substance has twice been found in horses racing in Kentucky under Baffert's care in the past 365 days.
"The Court believes it is imperative to ensure public confidence in the Commonwealth's signature industry. The Court also understands the KHRC's position that adherence to its rules and regulations is necessary to ensure public confidence in the Commonwealth's signature industry and for the KHRC to maintain its position as the authoritative body over this industry."
