By Bill Finley
Trainer Bob Baffert took to X late Monday afternoon to report that he has told his legal team to drop the appeal to the result of the 2021 GI Kentucky Derby, from which Zedan Racing Stable's Medina Spirit (Protonico) was disqualified for a betamethasone positive.
The post read: “I have instructed my attorneys to dismiss the appeal related to the disqualification of Medina Spirit in the 2021 Kentucky Derby. Zedan Racing owner, Amr Zedan, and I have decided that it is best to positively focus on the present and future that our great sport offers. We thank the KHRC (Kentucky Horse Racing Commission) and Churchill Downs for listening and considering our point of view and we are grateful for the changes and clarity that HISA brings to our sport.”
Ever since Medina Spirit was disqualified over the positive for the medication betamethasone, Baffert and Zedan have tried to have the disqualification overturned. Their primary argument was that the medication got into the horse's system through a topical cream used to combat skin rashes. Baffert and Zedan's lawyers would eventually build more than two years of court cases and administrative appeals around the contention that the betamethasone that showed up in Medina Spirit's post-race positive test was the type that came from a permissible topical ointment and not via some other restricted means, like an intra-articular injection.
In September, Zedan and Baffert filed a petition for a judicial review of the Kentucky Horse Racing Commissions's disqualification of the colt from his win in the 2021 Kentucky Derby. The petition was filed in Franklin Circuit Court in Kentucky and also includes a protest over Baffert's suspension in Kentucky. Zedan and Baffert claim in the petition that the “laboratory limit of detection” used to identify betamethasone in Medina Spirit “is contrary to the plain terms of KHRC regulations and is void as arbitrary and capricious.”
They also argued that KHRC's exercise of rule making and adjudicatory powers is illegal and that the penalties against Zedan “are unconstitutional, arbitrary and capricious.”
One month earlier, the Kentucky Horse Racing Commission (KHRC) closed the 27-month regulatory saga involving Medina Spirit's Kentucky Derby drug disqualification by unanimously voting to deny appeals by trainer Baffert and Zedan Racing Stables while accepting a hearing officer's recommended order that the penalties originally imposed by the Churchill Downs stewards be affirmed in their entirety. From there, Zedan and Baffert began to try to win their case through the courts.
“The KHRC did what it does best–rubber stamped its own foregone conclusion. I will discuss with Mr. Baffert, but believe it is highly likely the matter is appealed so that it can finally be presented to an impartial Court,” Baffert attorney W. Craig Robertson III said at the time.
It was not clear Monday why Zedan and Baffert apparently changed their minds and decided to drop their case.
It is possible that their dropping the case was a peace offering in what has been an ugly battle between Churchill Downs and Zedan and Baffert that at times took on a personal tone. Churchill first banned Baffert from the 2022 and 2023 Derby. In a surprising move, Churchill announced in July that the Baffert ban was being extended until at least Dec. 31, 2024.
“Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit,” Churchill said at the time in a statement.
Churchill also recently announced that any horse trained by someone banned by the track (Baffert is believed to be the only one under such a suspension) will be ineligible to compete in the Derby if still in that trainers barn as of Jan. 29.
Throughout the dispute, there was widespread speculation that Churchill's harsh treatment of Baffert was in response to the lawsuits. With those lawsuits now having been dropped, it will be interesting to see how Churchill reacts and what doors might open for Baffert and his owners.
Following the news that the case had been dropped, Churchill Downs officials said that the development would have no bearing on Baffert's current status. “Today's dismissal of appeal does not change the current suspension or deadline to transfer horses for the upcoming 150th Kentucky Derby,” read a statement forwarded by Churchill's Darren Rogers.
— Bob Baffert (@BobBaffert) January 22, 2024
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