Baffert Granted Injunction to Race at NYRA Tracks

A United States District Judge granted Hall of Fame trainer Bob Baffert a preliminary injunction in his lawsuit against the New York Racing Association July 14, ruling that NYRA is prevented from enforcing its suspension given to him, pending a final hearing.

Wednesday's decision by Judge Carol Bagley Amon came two days after a court date June 12 in Brooklyn, N.Y. There, Baffert attorney Craig Robertson argued the trainer had suffered irrefutable harm and been denied due process due to NYRA banning him from competition at its tracks. NYRA operates Saratoga Race Course, Belmont Park, and Aqueduct Racetrack.

NYRA initiated its ban May 17, approximately a week after the Baffert-trained Medina Spirit , owned by Zedan Racing Stables, failed a post-race drug test following his first-place finish in the May 1 Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs in Kentucky.

Medina Spirit's positive test was for the corticosteroid betamethasone, which Roberston said was in Medina Spirit's blood because of a topical ointment applied to a skin issue on the colt. In Kentucky the drug is permitted for therapeutic use but is not allowed at any level in a horse's system on race day. It typically is administered to horses as an injection and carries a 14-day suggested withdrawal time.

The positive test result was with the fifth from Baffert in a 12-month time frame.

No decision has yet been taken by Kentucky stewards on the matter, pending the conclusion of further drug tests on a urine sample and a hearing. NYRA initiated a suspension as a track operator. 

In similar action this spring, Churchill Downs Inc. barred him from the tracks it owns through the middle of 2023. The CDI ban was not the focus of Amon's ruling, though it also could face eventual legal challenges.

In her Wednesday order, Amon concluded that "due process required that Baffert, having an undisputed property interest in his licensed right to race horses in New York, was entitled to a pre-suspension hearing," which NYRA did not afford him. 

Through attorney Henry Greenberg, NYRA contended on Monday that the decision was necessary to preserve the integrity of racing, and it needed to act quickly ahead of the Belmont Stakes Presented by NYRA Bets (G1) on June 5. Amon called its failure to accord Baffert a post-suspension hearing "fatal to NYRA's position that it complied with due process."

Dave O'Rourke, NYRA president and CEO, reiterated NYRA's claims of honoring integrity in a statement issued following Wednesday's ruling, remarking that the organization would "continue to honor that commitment so that fans, the betting public, and racing participants can be confident in a level playing field." 

O'Rourke did not indicate if NYRA planned to appeal or contest the ruling.

"NYRA is reviewing the court's decision today to determine our legal options and next steps," he continued. "What is clear, however, is that Mr. Baffert's actions and behavior can either elevate or damage the sport. We expect Mr. Baffert to exert appropriate controls over his operation.

"Importantly, the court upheld NYRA's authority to exclude individuals from its racetracks whose conduct is contrary to the best interests of Thoroughbred racing. The court also rejected Baffert's argument that NYRA had no legal authority to take the action that it did."

In a statement, Robertson noted that "I have said from the beginning that, following the Kentucky Derby, there was an improper rush to judgment and Mr. Baffert has been treated unfairly. This is one step, in one venue, toward righting those wrongs.

"I am grateful for a court system that protects an individual when his constitutional rights have been trampled on by an entity like NYRA. All that being said, my hope is that this ruling will lead toward cooperation between the parties and not further division. Bob Baffert and NYRA have had a good relationship in the past. My hope is that they can get to that point again for the overall good of horse racing."

Later asked in a telephone interview what is to be expected following Wednesday's ruling, Robertson said it is too early to determine.

"There is no simple answer to that question," he said. "Some of it depends on what sort of road NYRA chooses to take, and some of it depends on what road we choose to take. Those decisions haven't been made yet."

Based in Southern California, Baffert does not participate at NYRA tracks on a daily basis, but ships horses to New York to compete in its richest stakes races, particularly during the late spring and summer months. He has won the Belmont Stakes three times, including with Triple Crown winners American Pharoah   (2015) and Justify   (2018).

He has won Saratoga's famed Runhappy Travers Stakes (G1) three times, and his standout female sprinter, Michael Lund Petersen's champion Gamine , won the Longines Test Stakes (G1) there last summer. She remains in training on the West Coast.

Medina Spirit is unraced since finishing third in the May 15 Preakness Stakes (G1) at Pimlico Race Course, where track officials permitted him to compete after he passed pre-race drug testing, along with other Baffert horses. Medina Spirit has not recorded a published workout since mid-June.