CHRB to Hold Hearing on Justify’s Santa Anita Derby

Attorneys for Mick Ruis said July 24 that as part of a preliminary agreement to settle litigation brought by the owner-trainer, the reshaped California Horse Racing Board has agreed to file a complaint against the owners of Justify  and conduct a purse disqualification hearing concerning his 2018 Santa Anita Derby (G1) win.

The CHRB noted Friday that the settlement is not a signed deal, and without that finality, did not offer comment.

Ruis owned and trained Bolt d'Oro , who finished second in the 2018 Santa Anita Derby. Represented by Darrell Vienna and Carlo Fisco, Ruis filed a petition for writ of mandate and damages Jan. 13 in California Superior Court, County of Los Angeles, Middle District.

The litigation followed revelations, initially reported by the New York Times, that the CHRB failed to conduct a hearing after Justify failed a post-race drug test. The suit claimed the CHRB failed to follow through on its regulatory duties when no action was taken against Justify, the eventual Triple Crown winner, after the lab found he tested positive for scopolamine, which is used to treat mild colic and spasms but also can result from eating jimson weed. 

Dr. Rick Arthur, the CHRB equine medical director, said the CHRB's decision not to call a positive followed his recommendation after he determined the failed test was a result of environmental contamination. CHRB executive director Rick Baedeker also recommended the board not call a positive. Arthur said CHRB rules allow for such actions.

In a news release Friday, Ruis said a preliminary agreement is in place that intends to "resolve claims against the CHRB for failure to hold a purse disqualification hearing related to the 2018 Santa Anita Derby in which the first-place finisher, Justify, tested positive for the prohibited substance scopolamine. Members of the CHRB, the state agency charged with regulation of California horse racing, voted in favor of settlement at a recent closed session. Attorneys for the respective parties are finalizing the exact terms of the agreement and expect it to be completed in the coming days."

Ruis' attorneys argue that even if the scopolamine in Justify's system was caused by environmental contamination, a hearing still should have been conducted to consider forfeiture of purse. In the release, the attorneys contend that CHRB rules require forfeiture of purse and disqualification of a horse who tests positive for a Class 1, 2, or 3 prohibited substance regardless of the trainer's responsibility. 

Ruis believes the settlement marks a turning point in the CHRB under Gov. Gavin Newsom.

"I am pleased that the leadership of this newly constituted CHRB appointed by Gov. Newsom has taken seriously the governor's intention to hold the group accountable on matters of drugs, safety, and integrity," Ruis said. "It is only fair that the current CHRB voted to finally have a hearing related to the Justify matter. This settlement would be a major step toward restoring public confidence in the CHRB."

Trained by Bob Baffert, Justify, a son of Scat Daddy who was retired undefeated after completing his Triple Crown sweep in the Belmont Stakes Presented by NYRA Bets (G1), was campaigned by China Horse Club, Head of Plains Partners, Starlight Racing, and WinStar Farm.

The release from Ruis' attorneys accuses the previous CHRB of departing from its standard procedures when it refused to file a complaint following the split sample confirmation of scopolamine in Justify's official sample, alleging the regulator "swept the Justify matter under the rug by dismissing the matter in a closed session in August of 2018 where it remained until Joe Drape uncovered the scandal in an article published in the New York Times in September of 2019."

Bolt d'Oro received $200,000 for his runner-up finish that day at Santa Anita Park—$400,000 less than the winner. Ruis said Friday the litigation goes beyond seeking a redistribution of purse money.

"I wanted to stand up for what's right and to make sure that every horseman, from the little guy to Bob Baffert, is treated fairly and equally," Ruis said. "I commend the current CHRB for reviewing this matter and look forward to concluding negotiations regarding a public hearing."

Vienna said they're looking forward to presenting the final agreement to the court and resolving the litigation. Fisco said the CHRB's decision to conduct a public hearing was a "no-brainer," adding, "It's very encouraging for racing in California to see this new board being able to make the obvious and positive move, a task that the old board found to be, for some unknown reason, too daunting."