Judge Rejects KHBPA Request for Temporary Injunction

A Circuit Court Judge in Kentucky dismissed the Kentucky Horsemen's Benevolent and Protective Association's request for a temporary injunction to prevent Churchill Downs and Keeneland racetracks from enforcing race conditions that prohibit use of the anti-bleeder medication furosemide in 2-year-olds.

In his June 1 ruling, Franklin Circuit Judge Thomas Wingate rejected arguments made by KHBPA's attorneys during a hearing last week that members of the organization would be harmed if the two tracks were not enjoined from enforcing the rules.

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Wingate said the KHBPA "has failed to set forth some actual or imminent injury to at least one individual member. The Complaint fails to contain a single allegation that a member of the KHBPA was unable to run a horse due to Churchill and Keeneland electing to adopt 810 KAR 8:050 as a condition for 2-year-old races."

The KHBPA has sued Churchill, Keeneland, and the Kentucky Horse Racing Commission over the tracks' implementation of the race conditions precluding Lasix use in 2-year-olds. Churchill currently has been running 2-year-old races with the rule in effect and Keeneland plans to also prohibit the use of the medication, a diuretic marketed as Salix and commonly referred to as Lasix, during its rescheduled spring meet in July and its fall meet that will include the Breeders' Cup World Championships.

The tracks contend they have the right to determine whether Lasix and other medications are permitted under 2015 regulations enacted by the KHRC permitting the tracks to decide whether to allow the administration of furosemide on race days or for particular races.

Then-Kentucky Attorney General Jack Conway issued an opinion that the regulation allowing tracks to ban the use of furosemide "was an invalid and illegal delegation of the KHRC's authority to private actors" and the KHBPA's suit contends the regulation amounted to a sub-delegation of regulatory authority to the tracks.

As part of the suit, the KHBPA had sought a temporary injunction to halt Churchill from conducting races for 2-year-olds that prohibiting furosemide administration within 24 hours of post time for the individual horse's race.

Wingate also granted requests from three industry organizations—The Jockey Club, Breeders' Cup, and Kentucky Thoroughbred Association—to file amicus briefs supporting the position of the defendants.

This story will be updated