Leading Equine Attorney, Regulator Bonnie Dies at 88

As the attorney for the owner of the first Kentucky Derby winner ever disqualified for a medication positive, Ned Bonnie was ready for a fight in 1968.

That legal fight would be contested over years, with the attorney's side eventually coming up short; but that passion for equine law and the regulation of the sport would continue for nearly another 50 years.

Bonnie, a leading attorney at Frost Brown Todd attorneys in Louisville, Ky., and a longtime, vocal Kentucky racing commissioner, died March 17 in Louisville, according to family and friends. He was 88.

Ed Glasscock, chairman emeritus at Frost Brown Todd attorneys and a Thoroughbred owner himself, remembers phone calls for Bonnie from equine attorneys all around the world coming into the Louisville office.

"It's just a sad day for us as Ned was such a special person," Glasscock said. "He was one of the most respected equine attorneys in the world. He was so devoted to racing law and, as a longtime Kentucky commissioner, its regulation. He wanted the sport to be its best with minimal use of medication."

Bonnie was a young attorney at the law firm that would later become Frost Brown Todd when he accepted a career-defining case defending Peter Fuller, the owner of Dancer's Image, who reached the wire first in the 1968 Derby but was disqualified by the stewards for a phenylbutazone positive. 

Milt Toby, author of "Dancer's Image: The Forgotten Story of the 1968 Kentucky Derby," said attorneys at Bonnie's firm were stumped over how to defend Fuller when Bonnie, spoke up, saying they could fight the post-race testing procedure and chemistry involved in the lab's ruling.

"Ned was just getting started on equine law when the Dancer's Image case came along," Toby said. "He wasn't a big fan of Kentucky's head racing chemist, Kenny Smith, and he had real concerns about horsemen's due process in these medication cases. In Peter Fuller, he had a client who would be willing to go the long haul, as they both understood the case could take years."

The first appeal came before the racing commission, which upheld the stewards' decision to disqualify Dancer's Image and put up Calumet Farm's Forward Pass. But Franklin Circuit Court Judge Henry Meigs found problems with Smith's determination and overturned the decision.

In June 1972, the state's highest court overturned that decision and ruled in favor of the racing commission. Legal efforts came to an end in early 1973, nearly five years after the race, when the racing commission's decision held.

Despite the outcome, Bonnie had made his reputation. With that experience and passion, he acted as counsel for owners, trainers, veterinarians, jockeys, feedmen, blacksmiths, and others in the horse business. He was responsible for prosecution or defense of more than 1,000 medication rule violation cases in racing as well as other equestrian sports. Among his well-known clients were Earle I. Mack, George Steinbrenner, Bertram Firestone, Laura Thorn, and Walter L. Jones.

Bonnie shared his insights as a frequent lecturer at the University of Louisville Stewards' Accreditation Program, the University of Kentucky National Equine Law Conference, and the University of Arizona Stewards' Accreditation Program.

Besides continuing as an equine attorney, Bonnie served on the racing commission, where he advocated for minimal use of medication. In 2012, Bonnie was among the majority of Kentucky commissioners who supported a rule to phase in a ban of race-day Lasix in stakes races, although it was not implemented. 

Always among the most informed commissioners, Bonnie reminded the stewards that horsemen can benefit from not just purses, but the wagering windows as well. He called for tougher sanctions in an era when horsemen viewed penalties as "just the price of doing business." 

With that type of move at the windows in mind, Bonnie called for an investigation of the connections of Masochistic, then owned by William Shamlian and trainer A. C. Avila, after he won a maiden race on the Derby day undercard in 2014. After his previous race at Santa Anita Park, Masochistic was disqualified for a failed drug test, and his rider was investigated for lack of effort.

Glasscock said Bonnie took pride in his job as a commissioner and had the background in the sport to deliver. He noted Bonnie's love of horses filled his life.

"He grew up around horses, and he would continue to ride, steeplechase, and fox hunt with his wife, Nina, on the 530-acre farm they had near Prospect, Ky.," Glasscock said. "He's owned some Thoroughbreds from time to time, so he's always had a love for it."

Bonnie contributed throughout the industry. He was affiliated with the Thoroughbred Owners and Breeders Association; Kentucky Thoroughbred Association; The Jockey Club; and United States Equestrian Federation. He was an adviser to the National Thoroughbred Racing Association/Jockey Club Drug Testing Consortium; served on the Kentucky Equine Drug Research Council from 2001-04; and was a member of the University of Kentucky Equine Research Foundation. 

Bonnie was a recipient of the Keene Daingerfield Award for substantial contributions to the education and professionalism of stewards and judges by the Equine Industry Program of the University of Louisville. He also received a Lifetime Achievement Award for the Advancement of Equestrian Sports from the United States Equestrian Federation.

Bonnie started his representation of Peter Fuller in the Dancer's Image case when he was a partner with Brown Eldred & Bonnie before the merger of three firms to form Brown Todd & Heyburn in 1972. Frost Brown Todd was formed in 2000. Ned was a founding member of all three firms.

Frost Brown Todd now has 550 lawyers in eight states, and Bonnie continued to make appearances in the office until a few months ago.

Bonnie is survived by his wife Cornelia W. "Nina" Bonnie, sons Shelby W. and Robert F. Bonnie, and four grandchildren. Arrangements are pending.

Visitation will be at 10 a.m. April 2 at St. Matthews Episcopal Church in Louisville, Ky., followed by an 11 a.m. memorial service.