Country House win in 2019 Kentucky Derby upheld by appeals court

Associated PressAug 28, 2020, 9:13 PM EDT

Pat McDonogh-Courier Journal

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.

Churchill Downs moves meet to Ellis Park to examine protocols following 12 horse deaths

Associated PressJun 2, 2023, 6:39 PM EDT

Michael Clevenger and Erik Mohn/USA TODAY NETWORK

Churchill Downs will suspend racing on Wednesday and move the remainder of its spring meet to Ellis Park in order to conduct a “top-to-bottom” review of safety and surface protocols in the wake of 12 horse fatalities the past month at the home of the Kentucky Derby.

No single factor has been identified as a potential cause for the fatalities or pattern detected, according to a release, but the decision was made to relocate the meet “in an abundance of caution.”

“What has happened at our track is deeply upsetting and absolutely unacceptable,” Churchill Downs Inc. CEO Bill Carstanjen said in Friday’s release. “We need to take more time to conduct a top-to-bottom review of all of the details and circumstances so that we can further strengthen our surface, safety and integrity protocols.”

Racing will continue at Churchill Downs through Sunday before shifting to the CDI-owned racing and gaming facility in Henderson, Kentucky. Ellis Park’s meet was scheduled to start July 7 and run through Aug. 27 but will now expand with Friday’s announcement.

Ellis Park will resume racing on June 10.

The move comes a day after track superintendent Dennis Moore conducted a second independent analysis of Churchill Downs’ racing and training surfaces as part of an emergency summit called this week by the Horseracing Integrity and Safety Authority (HISA) with the track and the Kentucky Horse Racing Commission. Meetings took place in Lexington, Kentucky, and at the Louisville track.

The head of the federally created oversight agency suggested ahead of the summit that it could recommend pausing the meet and that Churchill Downs would accept that recommendation.

Churchill Downs’ release stated that expert testing raised no concerns and concluded that the surface was consistent with the track’s prior measurements. Even so, it chose to relocate “in alignment” with HISA’s recommendation to suspend the meet to allow more time for additional investigation.

“We appreciate their thoughtfulness and cooperation through these challenging moments,” HISA CEO Lisa Lazarus said in a statement. “We will continue to seek answers and work with everyone involved to ensure that horses are running safely at Churchill Downs again in the near future.”

Carstanjen insisted that relocating the remainder of the spring meet to Ellis Park would maintain the industry ecosystem with minor disruption. He also said he was grateful to Kentucky horsemen for their support as they work to find answers.

Rick Hiles, the president of Kentucky Horsemen’s Benevolent and Protective Association, questioned the move, especially since there’s no conclusive evidence that Churchill Downs’ surface is the problem.

“We all want to find solutions that will improve safety for horses,” Hiles said in a statement. “However, we need to discuss allowing trainers and veterinarians to use therapeutic medications that greatly lessen the risk of breakdowns.

“Drastic steps, such as relocating an active race meet, should only be considered when it is certain to make a difference.”

The latest development comes a day after Churchill Downs and HISA each implemented safety and performance standards to address the spate of deaths.

HISA will conduct additional post-entry screening of horses to identify those at increased risk for injury. Its Integrity and Welfare Unit also will collect blood and hair samples for all fatalities for use while investigating a cause.

Churchill Downs announced it would immediately limit horses to four starts during a rolling eight-week period and impose ineligibility standards for poor performers. The track is also pausing incentives, such as trainer start bonuses and limiting purse payouts to the top five finishers instead of every finisher.

Forte works out, waits for Belmont Stakes clearance

Associated PressMay 27, 2023, 3:14 PM EDT

Matt Stone/USA TODAY NETWORK

NEW YORK — Forte, the early Kentucky Derby favorite who was scratched on the day of the race, worked out in preparation for a possible start in the Belmont Stakes on June 10.

Under regular rider Irad Ortiz Jr., Forte worked five-eighths of a mile for Hall of Fame trainer Todd Pletcher. It was the colt’s second workout since being scratched from the Derby on May 6.

“It seems like he’s maintained his fitness level,” Pletcher said. “It seems like everything is in good order.”

Forte was placed on a mandatory 14-day veterinary list after being scratched from the Derby because of a bruised right front foot. In order to be removed from the list, the colt had to work in front of a state veterinarian and give a blood sample afterward, the results of which take five days.

“There’s protocols in place and we had to adhere to those and we’re happy that everything went smoothly,” Pletcher said. “We felt confident the horse was in good order or we wouldn’t have been out there twice in the last six days, but you still want to make sure everything went smoothly and we’re happy everything did go well.”

Pletcher said Kingsbarns, who finished 14th in the Kentucky Derby, will miss the Belmont. The colt is showing signs of colic, although he is fine, the trainer said.

Another Pletcher-trained horse, Prove Worthy, is under consideration for the Belmont. He also has Tapit Trice, who finished seventh in the Derby, being pointed toward the Belmont.