NYRA Calls Baffert's Contempt Charges 'Meritless'

The New York Racing Association submitted a Sept. 29 response to trainer Bob Baffert's civil contempt motion calling it "meritless and irrelevant to the Court's inquiry."

The 28-page document filed with the United States District Court Eastern District of New York involves NYRA's bid to conduct a disciplinary hearing with Baffert after announcing a new set of protocols and procedures for such matters. Baffert's attorney went to court, claiming a July 14 order by Judge Carol Bagley Amon lifting NYRA's temporary suspension of the Hall of Fame trainer prevented the organization from conducting the hearing.

In advance of an Oct. 5 court date before Judge Bagley Amon in federal court in Brooklyn, N.Y., NYRA also filed a 100-page sworn affidavit from NYRA president and CEO Dave O'Rourke outlining the evidence, charges, and hearing procedures in the case and reinforcing NYRA's contention that the July 14 ruling did not clearly and unambiguously prohibit NYRA from initiating a hearing regarding Baffert's conduct.

In Tuesday's response, NYRA says it did not violate the court order and that it provided Baffert with "exactly what he argued he was entitled to in support of his motion for a preliminary injunction—notice and an opportunity to be heard."

In her July 14 decision, Judge Bagley Amon cited a lack of due process as a reason for her ruling in Baffert's favor.

In stating that it was providing Baffert with the hearing he sought in the July court case, NYRA said, "This Court should not hold NYRA in contempt—or issue a cease and desist order prohibiting NYRA from taking any action relating to potentially suspending Plaintiff—because Plaintiff has failed to meet his heavy burden to show any of the three elements for contempt: (1) a clear and unambiguous prohibition in the Order barring NYRA from establishing and utilizing a hearing process with respect to Plaintiff; (2) clear and convincing proof that NYRA violated the Order; and (3) evidence that NYRA has not diligently attempted to comply with the Order in a reasonable manner."

In addressing the new protocols and procedures for its disciplinary hearings, NYRA wrote, "In compliance with the Order, NYRA developed detailed and comprehensive hearing rules and procedures governing any disciplinary proceedings. These procedures call for a hearing overseen by an independent hearing officer, require that a formal statement of charges be provided to a licensee in order to initiate proceedings, and permit a licensee to be represented by counsel, testify, produce witnesses, present documentary evidence, and examine opposing witnesses and evidence."

NYRA also asked Judge Bagley Amon to toss out Baffert's request of approximately $162,000 in fees stemming from the July case.

The court case arose after Zedan Racing Stables' Medina Spirit  gave Baffert his record-breaking seventh Kentucky Derby Presented by Woodford Reserve (G1) victory May 1. Eight days later it was revealed that the colt's post-race drug test indicated the presence of betamethasone, a corticosteroid not allowed in a horse's system on race day in Kentucky. A split sample confirmed the original finding, though no ruling has yet been issued by Kentucky stewards with follow-up drug testing still ongoing.

While Baffert claimed the drug's presence was due to the application of a topical cream for a rash, Churchill Downs announced May 9 it would block him from entering horses there. The track ultimately suspended him for two years through the conclusion of its 2023 spring meet.

NYRA announced a May 17 temporary suspension of Baffert due to his four other drug violations in the previous year and "other related information."

Baffert sought relief from the NYRA ban in federal court which was granted July 14 by Judge Bagley Amon. He raced horses at Saratoga Race Course this summer.