Medina Spirit, Concert Tour Allowed to Run in Preakness

Medina Spirit  and Concert Tour  have been permitted to race in the May 15 Preakness Stakes (G1) at Pimlico Race Course after trainer Bob Baffert consented to the blood testing, monitoring, and medical review of his horses by Maryland authorities. 

The move comes in the aftermath of a May 9 announcement that Medina Spirit tested positive for the corticosteroid betamethasone and faces possible disqualification from a victory in the May 1 Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs.

Craig Robertson, counsel for Baffert, distributed a letter to media outlets addressed to attorney Alan Rifkin, whose firm represents the Maryland Jockey Club, outlining the agreement. The Maryland Jockey Club operates Pimlico and Laurel Park in the state.

Baffert's consent also allows Beautiful Gift  to compete in the May 14 George E. Mitchell Black-Eyed Susan Stakes (G2).

Following that initial positive test, with a split sample result still to come in the weeks ahead, Baffert was suspended by Churchill from entering any horses at the Louisville track, pending the conclusion of an investigation by the Kentucky Horse Racing Commission.

The Stronach Group, which owns and manages the Maryland Jockey Club, also issued a response, saying it would review relevant facts and information and consult the Maryland Racing Commission before making a decision on the entry of Baffert trainees. It delayed entries this week.

Robertson was prepared to take legal action if the MJC had denied the trainer's entry.

The letter notes that the horses were tested upon arrival at Pimlico, and if any of the three horses test positive for a banned substance or above a designated limit for a medication, the horse will be scratched. In a release that followed Robertson's announcement, TSG pledged the Baffert horses would be allowed to compete after following rigorous conditions to entry, along with a binding commitment from Bob Baffert to full transparency of medical and testing results that will allow for all results to be released to the public.

"Integrity, accountability, and safety in our sport are principles that 1/ST RACING puts above all else. Our company has a track record of instituting process and protocols that have led to nationwide medication reforms and we are unwavering in our commitment to put horse and rider safety at the forefront," Craig Fravel, CEO of 1/ST RACING, a division of TSG, said in a prepared statement. "We are well aware of the public outcry and calls for action that have been the natural outcome of a medication positive in one of the most iconic races in our sport and we share the disappointment and concern.  

"We are required to acknowledge in this instance that fundamental fairness compels us to respect the individual rights of participants in our sport to due process and adherence to agreed-upon and well-established rules. To this point, there has to our knowledge been no split sample testing as is required in every state in this country and no complaint or other official action has been announced by the Kentucky Horse Racing Commission with regard to this incident.  While the integrity of our sport is of utmost importance it is the responsibility of those in authority to follow the rules even as we seek to enforce them. We cannot make things up as we go along and we trust that the competitors, bettors, and fans will understand the importance of adhering to that principle."

The ongoing Pimlico meet operates under veterinary testing protocols established and overseen by the Maryland Racing Commission's equine medical director, Dr. Elizabeth Daniel. These protocols include horses on May 14-15 being subject to TCO2 testing, and out-of-competition testing can be administered at any time prior to and on race day.

At just after 4 p.m. ET, a field of 10 was entered for the Preakness. Medina Spirit was installed as the morning-line favorite at 9-5, followed closely by Concert Tour at 5-2.

Shortly after the draw, Rifkin and Dr. Dionne Benson, chief veterinary officer for TSG, spoke to the media about Medina Spirit's and Baffert's participation.

"TSG, as you all know, and MJC care deeply about the integrity of the sport, but that includes also the integrity of due process," Rifkin said. "So today we reached an agreement with Mr. Baffert and his lawyers, that allows for additional testing, additional monitoring—essentially a watchlist—to ensure the integrity of the sport and the race."

Benson said multiple test samples have been collected, and results are expected on Friday. She expressed confidence that the tests could indicate the possibility of a lingering presence of betamethasone, or generate other findings.  

"The very fact that we have three different time points will allow us to determine how the medication is moving through the horse," she said. "So the more information that we have will allow us to determine and predict, reasonably, where it will be on race day, and if it is even going to be close, then we will enact our request for Mr. Baffert to scratch the horse."

Medina Spirit's presence in the Preakness will likely result in more public interest in the second leg of the Triple Crown than if he had been on the sidelines, but not all fans and horsemen welcomed his participation, either to cheer for or root against him.

Daisy Phipps Pulito, who co-owns Phipps Stable with her family, announced on Twitter that the Phipps Stable would not run at Pimlico "this weekend where we don’t feel like we are running on a level playing field." The New York-based stable, for whom Hall of Famer Shug McGaughey trains, had considered running an unspecified horse in one of the many stakes at Pimlico on Friday and Saturday.

"And it’s really unfortunate. For our horse, Shug, exercise rider, (hotwalker), groom," she tweeted.