Report: Baffert appeals 2023 Churchill Downs suspension

Trainer Bob Baffert filed a motion Thursday, requesting a reversal of the second year of his ban from racetracks owned by Churchill Downs Inc.

The Hall of Fame conditioner was banned for two years after Medina Spirit tested positive for betamethasone after crossing the wire first in the 2021 Kentucky Derby. Another horse Baffert trained, Gamine, had been disqualified from a third-place finish in the Kentucky Oaks in 2020 after testing positive for the same substance.

As reported by Thoroughbred Daily News, attorneys for Baffert renewed their motion for a preliminary injunction against CDI, the company's CEO Bill Castanjen and CDI Chairman of the Board R. Alex Rankin. A previous motion had been dismissed without prejudice to refiling, meaning Baffert's attorneys could renew it in the future.

According to the ban issued against Baffert in June 2021, he is prohibited from entering horses in Kentucky until after the 2023 Kentucky Derby, and horses cannot earn Road to the Kentucky Derby points while in his barn. This includes Churchill Downs as well as other CDI tracks including Turfway Park, Ellis Park, Fair Grounds, Presque Isle Downs, and Colonial Downs.

Baffert alleges that this suspension causes horses he trains irreparable harm, since races such as the Kentucky Derby and Kentucky Oaks are age-restricted and horses only have one chance to compete. The motion argues that connections must use a different trainer or lose that chance, harming Baffert's business. The motion also argues that Baffert has already served time in Kentucky, and that his horses would be subject to Kentucky Horse Racing Commission testing going forward.

A new argument in this most recent filing from Baffert's legal team alleges that CDI has a "virtual monopoly" over Kentucky racing now that it owns Ellis Park. Though CDI owns three Thoroughbred tracks in the state, it does not own Keeneland or Kentucky Downs. Baffert started no horses at Kentucky Downs in 2022, though his charges made nine starts in October and November at Keeneland.

This suspension was levied by CDI. Separately, Baffert has already served a 90-day suspension for Medina Spirit's betamethasone overage as imposed by the state Horse Racing Commission. He served that suspension from April 4 through July 3 of this year. During that time, horses in his barn were moved to other trainers, including Tim Yakteen and Sean McCarthy. Yakteen took over the care of both Taiba and Messier, who both earned their way into the Kentucky Derby but finished 12th and 15th, respectively. Both returned to Baffert's barn after he finished serving the KHRC suspension.

Baffert along with Medina Spirit's owner Amr Zedan appealed to the racing commission to have that suspension removed from his record and Medina Spirit reinstated as the Kentucky Derby winner. The hearing on that appeal, at which both Baffert and Zedan testified, occurred in August. A ruling is still pending, and Baffert's motion indicates that the hearing officer's recommendation is not expected until spring 2023.