Judge rules against attempt to get Bob Baffert-trained horse into 2024 Kentucky Derby
The attempt to allow Bob Baffert to run a horse in this year’s Kentucky Derby was denied in a ruling by Jefferson County Judge Mitch Perry on Thursday, possibly ending a last-ditch effort by owner Amr Zedan to get Arkansas Derby winner Muth into the 150th running of the most famous horse race in the country, if not the world.
The court did deny the effort by Churchill Downs to have the suit dismissed while at the same time denying a temporary injunction that would have allowed the horse to run on May 4. The suit can continue but that won’t change the fact that it is a race against the clock to allow any Baffert trainees into the Derby.
Zedan Racing planned to file an appeal, probably on Friday and ask for expedited relief, which could force a three-judge panel into making a quick decision, should they choose.
In the 10-page ruling, Perry noted that a horse is “only eligible for (the Kentucky Derby) once in its lifetime. But it pointed to the fact that Zedan Racing Stables “has transferred its horses to a different trainer and those horses have been eligible to run in the Derby the previous two years. For the 2024 racing season, (Zedan) voluntarily made the decision to not transfer its horses to a new trainer. … The Court appreciates the once-in-a horse’s-lifetime nature of the Kentucky Derby, but the other aspects at play prevent this factor from weighing fully in favor of (Zedan) and injunctive relief.”
Baffert is not a party in the suit.
The situation was created when Medina Spirit, trained by Baffert and owned by Zedan, won the 2021 Kentucky Derby but failed a postrace drug test for a legal medication that is not legal on race day. Churchill Downs then suspended Baffert for what was thought to be two years from all Churchill Downs properties. However, last July, Churchill added at least one more year to the penalty because it believed Baffert was not contrite enough. Baffert has had no violations in any state since Medina Spirit.
Baffert and Zedan filed numerous suits to overturn the subsequent disqualification of Medina Spirit, and suspension of Baffert, but were unsuccessful in all efforts.
This suit was different in that it contended that two years ago, Zedan bought six horses for $10.7 million, all with the understanding that those horses would be eligible to run in this year’s Kentucky Derby. That suit remains intact, despite the fact the race will have been run before adjudication is complete.
“This is undoubtedly a close call,” the ruling read. “The Court will continue under the assumption that there is sufficient standing to proceed, and given that (Zedan’s) injunction is deficient on other grounds, there is no prejudice to any party by proceeding with the analysis.”
The judge did question Zedan’s attorneys about why the suit was filed so late. They responded that it wasn’t an issue until Muth won the Arkansas Derby on March 30. He would normally be eligible for 100 Derby qualifying points with the win and guaranteed a spot in the field of 20.
Perry also mentioned his concern for “innocent third parties who will have their horses removed from the Derby field to make room for (Zedan’s) horse should the Court grant injunctive relief.” But, the Derby has run with more than 20 horses on several occasions. In 1981, the limit was broken when a dispute over coupled entries (two horses running for the same owner and trainer) caused a judge to rule the extra horses into the race.
There was no immediate response from either Churchill Downs or Zedan Racing Stables.
