WASHINGTON – The new governing body for horse racing won’t be taking over drug-testing enforcement in the 38 U.S. racing states on Jan. 1.
The Federal Trade Commission declined to approve rules involving the program established by the Horseracing Integrity and Safety Authority. The FTC must approve rules for HISA’s programs before they can be implemented and enforced.
For the time being, HISA said its Anti-Doping and Medication Control (ADMC) program would be put aside.
“We will re-submit the draft ADMC rules to the FTC for their review as soon as these legal uncertainties are resolved, and once approved, we will implement the program through the Horseracing Integrity and Welfare Unit,” HISA said in a statement.
HISA had been planning to launch its drug-testing enforcement unit on Jan. 1. The body would have taken over the testing and enforcement that is currently handled individually by the 38 racing states.
Last month, the U.S. Fifth Circuit Court of Appeals ruled that HISA was unconstitutional. Its decision said that the FTC is “subordinate” to HISA, rather than the other way around. The suit was brought by a group of trainers and owners.
HISA plans to continue to enforce its safety rules, which took effect last July. But states that had been working with HISA to implement its drug-testing enforcement unit, including California and Kentucky, will find themselves still in charge on Jan. 1.
Eric Hamelback, CEO of the National Horsemen’s Benevolent and Protective Association, praised the FTC’s decision.
“The FTC has done the right thing in declining to defy a federal court that has found HISA unconstitutional,” Hamelback said in a statement. “The FTC order is clear: State law continues to govern medication issues until our final victory in this case.”
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.
LOUISVILLE, Ky. — A federal judge has granted Churchill Downs’ motion for summary judgment that dismisses Bob Baffert’s claim the track breached due process by suspending the Hall of Fame trainer for two years.
Churchill Downs Inc. suspended Baffert in June 2021 after his now-deceased colt, Medina Spirit, failed a postrace drug test after crossing the finish line first in the 147th Kentucky Derby. The trainer’s request to lift the discipline was denied in February, keeping him out of the Derby for a second consecutive May.
U.S. District Court Judge Rebecca Grady Jennings ruled in a 12-page opinion issued Wednesday that Churchill Downs’ suspension of Baffert did not devalue his Kentucky trainer’s license. It cited his purse winnings exceeding $1 million at Keeneland in Lexington and stated that his argument “amounts to a false analogy that distorts caselaw.”
Jennings denied CDI’s motion to stay discovery as moot.
The decision comes less than a week after Baffert-trained colt National Treasure won the Preakness in his first Triple Crown race in two years. His record eighth win in the second jewel of the Triple Crown came hours after another of his horses, Havnameltdown, was euthanized following an injury at Pimlico.
Churchill Downs said in a statement that it was pleased with the court’s favorable ruling as in Baffert’s other cases.
It added, “While he may choose to file baseless appeals, this completes the seemingly endless, arduous and unnecessary litigation proceedings instigated by Mr. Baffert.”
Baffert’s suspension is scheduled to end on June 2, but the track’s release noted its right to extend it “and will communicate our decision” at its conclusion.