NYRA Establishing Due Process Criteria for Suspensions

Though oft-suspended trainer Marcus Vitali was able to run a horse at Saratoga Race Course July 22, the New York Racing Association may soon have a process in place so it could bar trainers with checkered histories and numerous drug violations in their career.

As a result of Judge Carol Bagley Amon's ruling in trainer Bob Baffert's suit over his temporary suspension by NYRA, NYRA is currently putting together a structure so that it can bar individuals from racing at its three tracks for proper cause and is expected to have them in place in the near future.

"NYRA is absolutely committed to protecting and enhancing the integrity and safety of the sport. In light of the recent federal court decision, NYRA is establishing a due process mechanism that will allow it to take action against individuals whose conduct is contrary to the best interests of Thoroughbred racing," said NYRA's senior director of communications Pat McKenna.

In the Baffert case, while Judge Bagley Amon issued a July 14 ruling in Baffert's favor, citing a lack of due process, she affirmed NYRA's right to bar individuals based on the 1983 court ruling in Saumell v. New York Racing Association. 

In upholding NYRA's right to exclude individuals, Judge Bagley Amon wrote: "The fact that NYRA leases rather than owns the tracks does not alter its right of exclusion. The lease agreement for the Saratoga Race Course expressly states that NYRA receives 'all rights, privileges, easements, and appurtenances belonging to or in any way pertaining to the Leased Premises.'"

She concluded by writing, "In sum, it is not likely that Baffert will be able to prevail on his claim that NYRA had no legal authority to take the action that it did."

The process NYRA is expected to enact for suspensions is likely to include a judge or hearing officer and the right to call witnesses and present evidence before a final decision is rendered.

According to Brad Maione, director of communications for the New York State Gaming Commission, which has the legal authority to suspend racing licenses, Vitali has a valid license to race in the Empire State.

As a result, due to Judge Bagley Amon's ruling, NYRA cannot take action against Vitali or anyone else until it fully establishes the framework for due process or the Gaming Commission in New York or another jurisdiction suspends a person's license.

Vitali has a long list of violations and suspensions and did not have a starter from July 21, 2019, until Jan. 4, 2021. During his career, he was suspended for 365 days in 2019 by the Delaware Thoroughbred Racing Commission for impeding an investigation. In 2016, he gave up his trainer's license in Florida while facing penalties for seven medication violations, though he later accepted a 120-day suspension.

Vitali had 61 starters in 2021 prior to Thursday, all at Turf Paradise, Lone Star Park, and Presque Isle Downs with eight wins.

His Thursday starter at Saratoga, Crossed Sabres Farm's Red Venus , finished last of seven in a $35,000 claiming race for fillies and mares who had never won three races.