California Upholds Reciprocity of Baffert Suspension

California stewards April 2 upheld the reciprocity of the Kentucky Horse Racing Commission suspension of Hall of Fame trainer Bob Baffert, a standard practice for racing jurisdictions across the country.

The reciprocity ruling, issued by Santa Anita Park stewards Luis Jauregui, Will Meyers, and Kim Sawyer and released Saturday by the California Horse Racing Board, mirrors the KHRC suspension, which Baffert is appealing with the case set to come before a hearing officer April 18. Pursuant to CHRB Rule 1484 (evidence of unfitness for license), the ruling suspends Baffert for 90 days, April 4-July 2.

The KHRC suspension originally was slated to run March 8-June 15, but was delayed until April 4 because of litigation as Baffert pursued an emergency stay that ultimately was rebuffed April 1 by the Kentucky Court of Appeals. 

CHRB Rule 1843.3, which requires the trainer's Santa Anita Park barn to be vacated along with all signage, colors, and training equipment before the start of a suspension of this length—and denies the trainer access to the grounds of any CHRB-licensed facility—also will be enforced. Daily Racing Form reported April 2 that trainers Sean McCarthy and Tim Yakteen will take control of horses from Baffert's stable while he serves his suspension, according to Santa Anita officials.

DOWNEY: Court of Appeals Rebuffs Baffert Suspension Stay Motion

Kentucky stewards suspended and fined Baffert while disqualifying Zedan Racing Stables' Medina Spirit from victory in the May 1, 2021, Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs after a post-race test and split sample indicated the presence of the corticosteroid betamethasone, a Class C substance prohibited at any level on race day in the state. 

Baffert's attorneys have argued in court that Medina Spirit's test results indicate the betamethasone finding is linked to the colt receiving treatment with the anti-fungal ointment Otomax for a skin issue on his hindquarters. Baffert's attorneys have argued that KHRC rules on betamethasone do not apply to such topical treatments.

KHRC officials in court have not agreed with the argument that Kentucky regulations only apply to "betamethasone acetate," which Baffert's attorneys argue is from injections and is not found in the sample; and don't apply to "betamethasone valerate," which they contend is found in the ointment Otomax and is the only form found in the test.

In June during a court hearing in Kentucky, Jennifer Wolsing, general counsel for the KHRC, said the betamethasone prohibition is "not differentiated" between creams and injections in the regulator's list of prohibited substances. 

ANGST & KING: Medina Spirit Disqualified from 2021 Kentucky Derby

A statement issued April 2 by 1/ST Racing, which operates Santa Anita Park in Southern California and Golden Gate Fields in Northern California, along with the training facility San Luis Rey Downs, clarified requirements for any trainer who may be receiving horses previously trained by Baffert.

"Because of the CHRB's ruling, any trainer on the grounds at Santa Anita Park, Golden Gate Fields, San Luis Rey Downs, or Los Alamitos Race Course who may be the transferee of horses from the Baffert barn will be required to apply for stalls for those horses from the Santa Anita or Golden Gate Fields racing offices, as applicable, for review and approval," the statement read. "A change of trainer form will also be required to be submitted in order to enter races following such transfer. Horses that are not transferred to a trainer in California will be required to leave the grounds prior to April 4."

Under CHRB rules, because the suspension is more than 60 days, 1/ST Racing stated: "During the term of the suspension Baffert will be banned from all enclosures under the jurisdiction of the CHRB and shall not be permitted to be involved in the training of horses who have previously been under his care.

"Any trainer who may apply for stalls in anticipation of a transfer will be required to comply fully with any applicable restrictions," the statement read.

EHALT & KING: Messier, Other Baffert 3-Year-Olds to Join Other Barns

Key 3-year-olds have already been transferred from Baffert's care—Messier , Doppelganger , and McLaren Vale  remaining on the West Coast with Yakteen and Blackadder  joining trainer Rodolphe Brisset's Kentucky string—due to a separate ban from Churchill Downs Inc., which prohibits his horses from earning qualifying points on the Road to the Kentucky Derby or Road to the Kentucky Oaks. CDI has also suspended the trainer from its racetracks through the middle of 2023.

Baffert is contesting that decision in federal court, where a hearing on a preliminary injunction motion is set for April 15.

A statement released late Saturday by Baffert's attorney Clark Brewster read: "Bob will respect the CHRB's preliminary rulings, though he is disappointed by the extremely harsh suspension that so unfairly impacts all of his stable's hard-working employees. Bob trusts that, ultimately, and with patience, the system will provide an opportunity for a fair, unbiased and informed decision."