Churchill Downs on Wednesday announced it will bar trainer Bob Baffert from all of its racetracks for two years following the news that Kentucky Derby winner Medina Spirit’s postrace positive drug test has been confirmed.
The racetrack and casino company announced that the suspension begins immediately and will last through the conclusion of the 2023 Spring Meet, meaning that Baffert will be ineligible for at least the next two Kentucky Derby races.
Churchill said that neither Baffert “or any trainer directly or indirectly employed by Bob Baffert Racing Stables” will be able to enter horses for races or apply for stalls at CDI-owned tracks, which include the Fair Grounds in New Orleans, Calder in Florida and Arlington Park in Illinois.
“CDI has consistently advocated for strict medication regulations so that we can confidently ensure that horses are fit to race and the races are conducted fairly,” said Bill Carstanjen, CEO of Churchill Downs Inc. “Reckless practices and substance violations that jeopardize the safety of our equine and human athletes or compromise the integrity of our sport are not acceptable and as a company we must take measures to demonstrate that they will not be tolerated.
“Mr. Baffert’s record of testing failures threatens public confidence in Thoroughbred racing and the reputation of the Kentucky Derby. Given these repeated failures over the last year, including the increasingly extraordinary explanations, we firmly believe that asserting our rights to impose these measures is our duty and responsibility.”
Churchill also said that the company “reserves the right to extend Baffert’s suspension if there are additional violations in any racing jurisdiction.”
The statement did not address whether Baffert and Medina Spirit will be stripped of their 2021 Kentucky Derby win, saying only: “The Kentucky Horse Racing Commission (KHRC) has the sole authority to disqualify Medina Spirt as the winner of Kentucky Derby 147. It is the understanding of CDI that the KHRC is pursuing the completion of its investigation of this matter in accordance with its rules and regulations.”
Churchill Downs suspended Baffert in May after the original test result was revealed. The New York Racing Association also barred Baffert from entering or stabling any horses at New York tracks, preventing Medina Spirit from competing in the Belmont Stakes this weekend.
The racing commission has yet to take any official action.
And there is no indication when racing regulators will decide whether or not Baffert could be stripped of his record seventh Derby win.
Medina Spirit tested positive for betamethasone, a steroid sometimes used in joint injections and prohibited at any level in horses on race days.
Confirmation of the positive test result was first reported by the New York Times; Kentucky racing authorities have not commented on the results.
“The KHRC does not provide comment or updates on the status of ongoing investigations,” Sherelle Roberts, spokeswoman for the Kentucky Cabinet for Public Protection, said in a statement. “The KHRC values fairness and transparency, and will provide information to the media and public at the close of an investigation.”
However, the fact that the investigation isn’t over could be telling.
More test results expected
Clark Brewster, attorney for Amr Zedan, owner of Medina Spirit, told the Lexington Herald-Leader that the Kentucky racing commission is allowing the horse’s original blood sample to be retested, this time for chemicals that could prove Baffert’s assertion that the drug betamethasone came from a skin cream rather than from a joint injection.
It is unclear if the racing commission can take the method of administration into consideration.
Brewster said the commission would only allow the split or confirmation sample sent to the University of California at Davis laboratory to be tested for betamethasone, not for other ingredients in the ointment or the injectable version.
He said that they hope to have those results within 10 days, and he is hoping the authorities will delay any penalty until the results are back. Brewster said he expects they will confirm that it was the salve and not an injection.
“If it’s a topical salve, that has this infinitesimal amount ... then the whole basis for (disqualification) is out the window. … if they ignore that, I would be somewhat surprised,” Brewster said. “My client has reason to believe his trainer has told him the truth and the medical records we saw bear that out. ... I believe the science will tell us. There is no indication that betamethasone was ever injected in the horse.”
Baffert’s attorney W. Craig Robertson III also confirmed in a statement to the Herald-Leader that the drug was found. He said that DNA testing on the sample also is being done.
“We expect this additional testing to confirm that the presence of the betamethasone was from the topical ointment, Otomax, and not an injection,” Robertson said. “At the end of the day, we anticipate this case to be about the treatment of Medina Spirit’s skin rash with Otomax. We will have nothing further to say until the additional testing is complete.”
Critics: Ban Baffert now
Meanwhile, animal activists have called for Churchill Downs to immediately take away Medina Spirit’s Kentucky Derby win and ban Baffert permanently.
“The news of Medina Spirit’s second test confirmed positive is no shock. Churchill Downs, the Kentucky Derby, and the Kentucky Horse Racing Commission must stand firmly together in agreement to take the 2021 Derby title away from Bob Baffert and the horse,” said Marty Irby, executive director at Animal Wellness Action in a statement.
“And we call on Churchill Downs to show no mercy and permanently ban Bob Baffert and his horses from the Kentucky Derby and all of Churchill Downs’ tracks. It’s time to end the cheating and medication abuse in the fastest two minutes in sports and an example must be made.”
PETA Senior Vice President Kathy Guillermo also issued a statement:
“Bettors who’ve been cheated by putting money down on the rigged Kentucky Derby may contact PETA or attorneys who are filing class-action lawsuits, but the other victim here is Medina Spirit. He should be thoroughly examined by independent veterinarians to find out why he was administered a powerful medication and whether it was through injections to his joints rather than with a topical cream. The racing industry must at last stop buying Baffert’s nonsensical excuses and kick him out for good.”
If Medina Spirit is disqualified as a result of the failed drug test, he will be only the second horse in the race’s 147-year history to face such an outcome, joining Dancer’s Image in 1968.
Baffert has contended that the level of betamethasone discovered was so small so as not to alter the competitive outcome of the Derby.
If Medina Spirit is disqualified, second-place finisher Mandaloun would be declared the winner. TVG’s Alicia Hughes reported that Garrett O’Rourke of Juddmonte Farm, owner of Mandaloun, declined to comment on the results.
