Country House win in 2019 Kentucky Derby upheld by appeals court

Pat McDonogh-Courier Journal
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LOUISVILLE, Ky. — A federal appeals court upheld the decision by Churchill Downs stewards that made Country House the winner of the 2019 Kentucky Derby.

This year’s Derby is Sept. 5 after being rescheduled because of the coronavirus pandemic.

The U.S. Court of Appeals for the Sixth Circuit in Cincinnati on Friday affirmed a U.S. District Court decision to dismiss a lawsuit by Gary and Mary West, who own Maximum Security. Their horse crossed the finish line first in last year’s Derby but was disqualified for interference. Runner-up Country House was declared the winner.

“I am obviously disappointed in the court’s decision, but it is time to move on and there will be no further appeals,” Gary West said in a text message to The Associated Press.

The Wests sued the Kentucky Horse Racing Commission, its executive director, members and stewards after the race in May 2019. That November, federal Judge Karen Caldwell dismissed their suit seeking to challenge the decision to disqualify their horse.

The Wests sought to reverse the track stewards’ decision, contending it violated their rights to due process. They also wanted the $3 million Derby purse redistributed.

Caldwell said Kentucky rules state that the stewards’ decision in determining fouls and disqualifications of horses is “final and not subject to appeal.” The stewards found after a race review that Maximum Security had drifted out and interfered with other horses’ progress.

Maximum Security won the Pacific Classic at Del Mar on Aug. 22. The Wests switched the colt to Hall of Fame trainer Bob Baffert after Jason Servis, who previously trained Maximum Security, was indicted in March on federal charges of doping horses.

Country House never raced again after the Derby. He was retired in March because of laminitis, a hoof inflammation that can cause severe pain and lameness.

Pegasus races planned for Gulfstream and Santa Anita in 2024

Horse racing on Opening day of the winter-spring meet at Santa Anita Park.
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HALLANDALE BEACH, Fla. – After seven Pegasus World Cup events, it’s evidently time for change.

1/ST Racing, which has hosted the entirety of the Pegasus series to this point at Gulfstream Park, is planning for two Pegasus days in 2024 – one at Gulfstream and the other at Santa Anita. Details aren’t finalized and it’s unclear how it would fit in the racing calendar, but 1/ST is planning for both dirt and turf Pegasus races as part of the Santa Anita program.

Gulfstream played host to the $3 million Pegasus World Cup Invitational on the dirt Saturday, along with the $1 million Pegasus Turf and the $500,000 Pegasus Filly and Mare Turf.

“I’d really love to see that we bring it to the West Coast,” 1/ST President and CEO Belinda Stronach said. “That will probably happen in 2024. What we did this year for 2023 was said, `OK, we have a number of great race days, let’s coordinate those better and call it the 1/ST Racing Tour and recognize great achievements within our own footprint.”

Saturday marked the first stop on that new 1/ST Racing Tour. Along with some of the biggest race days at 1/ST tracks – like Florida Derby day at Gulfstream on April 1, Santa Anita Derby day on April 8 and the Preakness Stakes at Pimlico on May 20 – there are a pair of days where the tour will be running simultaneously.

This coming Saturday, Gulfstream will play host to the Holy Bull while Santa Anita has the Robert B. Lewis – both of them Kentucky Derby prep races.

And on March 4, Gulfstream has the Fountain of Youth, another major Derby prep, while San Anita has the Big Cap. Plans call for coordinated post times at those two tracks on those days to provide the best racing action every 20 minutes, as well as some unique betting options.

“We can never rest on our laurels,” Stronach said. “We have to keep moving forward. We have a great team that’s really committed.”

The main Pegasus race is one of the biggest-paying races in North America. Art Collector claimed about $1.8 million from a $3 million purse with his win on Saturday. In 2022, only the $6 million Breeders’ Cup Classic and $4 million Breeders’ Cup Turf featured bigger prizes among U.S. races, and the $3 million Pegasus purse is equal to the one offered last year at the Kentucky Derby.

Regardless of what happens with the Santa Anita plan for future Pegasus events, Stronach insisted Gulfstream will continue having Pegasus days. There has even been talk about Gulfstream playing host to Breeders’ Cup races again, something that hasn’t happened since 1999.

“This is staying here in Miami,” Stronach said. “Pegasus has a home here in Miami. We can’t move Pegasus from Miami. We have great partners here and it’s more than just a day now. We have deep roots here in Miami.”

Trainer Bob Baffert’s ban from racing in New York is over

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Bob Baffert can once again enter horses at New York’s major tracks.

The Hall of Fame trainer’s one-year ban by the New York Racing Association ended Wednesday, allowing him to enter horses as soon as Thursday.

“I was disappointed they even did it, but it’s water under the bridge,” Baffert told The Associated Press by phone.

He was suspended last June for repeated medication violations, although none of them occurred in New York. He was barred from Aqueduct, Belmont and Saratoga. A panel credited Baffert for time served for an initial suspension, which allowed him to return this week.

Aqueduct is currently holding its 44-day winter meet that runs through March 26. Baffert doesn’t typically run horses this time of year in New York; he targets the biggest stakes races at Belmont in the spring and Saratoga in the summer.

Baffert remains under a two-year ban by Churchill Downs Inc., which sidelined him after Kentucky Derby winner Medina Spirit tested positive for a substance that is not allowed on race day. The penalty expires shortly after the Kentucky Derby in May. However, Baffert is fighting the suspension in federal court.

The Southern California-based trainer has a big weekend coming up around the country, although not in New York.

He has horses running at three tracks on Saturday.

Defunded is entered in the $3 million Pegasus World Cup at Gulfstream in Florida, where Baffert assistant Jimmy Barnes will be on hand.

Arabian Knight goes into the $750,000 Southwest Stakes as the early favorite at Oaklawn in Arkansas. Baffert has won the Kentucky Derby prep race a record-tying five times and will travel to Hot Springs to watch the 3-year-old colt.

“It’s going to be a good test for him. The only way to find out is to run him long,” he said. “It’s going to take a superior horse to do that and I’m hoping that he is.”

The Southwest offers Kentucky Derby qualifying points to the top five finishers. Arabian Knight won’t receive any points regardless of his placing because of Baffert’s Derby ban.

Hopper will run in the $200,000 San Pasqual Stakes on Saturday at Santa Anita.

On Sunday at the same track, Baffert has entered four of the five horses set to run in the $200,000 San Vicente Stakes for 3-year-olds.