Blog By: Emily Sumrall
American Pharaoh, Justify, Silver Charm, and Authentic are all Kentucky Derby winning Thoroughbred horses with one thing in common: they were trained by Hall of Famer Bob Baffert.[i] Baffert is a household name in Kentucky, and renowned across horse racing for being an all-time leading horse trainer.[ii] However, Baffert has also become a frequent name appearing in litigation across state and federal courts, often violating the Kentucky Horse Racing Commission’s regulations.[iii] In July, 2024, Churchill Downs lifted Baffert’s suspension enacted for the positive drug test of his horse Medina Spirit.[iv] Medina Spirit finished first in the 2021 Kentucky Derby but was ultimately disqualified and stripped of the title in the wake of positive tests for the drug betamethasone.[v] KRS 230.240(2)(a) requires the Kentucky Horse Racing Commission to publicize restrictions of the administration of drugs or stimulants to horses prior to participating in horse races.[vi] Thus, the commission has established a fourteen day stand down withdrawal period for the injections of corticosteroid medications, like betamethasone, before a horse can participate in a race.[vii] In violation of this administrative regulation, Baffert was suspended from racing at Churchill Downs for three years, until he finally accepted responsibility for Medina Spirit’s positive drug test.[viii] The lift of this suspension has shed light on the significant regulatory scrutiny Baffert has faced in his multiple decades in the sport.[ix] In 2021, Baffert led his home state of California with the highest rate of trainers who have had the most horse deaths under their care, with 74 deaths out of 8,913 starts.[x] This begs the question: are the Kentucky Horse Racing Commission’s regulations being properly enforced to protect both the safety of race horses and the integrity of horse racing by allowing Baffert to continue in the sport?
Despite Baffert’s extensive history of violations and horse deaths under his supervision, there is a wide community of fans and horse racing professionals that support his continued participation in horse racing.[xi] There are several established Facebook pages and groups for Baffert’s supporters to express their disdain for the penalties and negative press that Baffert has faced, including beliefs that Baffert’s procedural due process has been violated by Churchill Downs and the New York Racing Association.[xii] Baffert has also been credited with bringing new popularity and attention to horse racing, benefitting the sport as a whole.[xiii] Following his most recent suspension, it is argued that Baffert has completed the necessary steps to return to the sport through accepting the disqualification of Medina Spirit, paying the required fines, and committing to being in full compliance with the rules and regulations going forward.[xiv]
There is also an argument that Baffert’s repeated violations and opposition to medication regulation reform have plagued horse racing culture.[xv] Baffert-trained horses have failed thirty drug tests over four decades and Baffert publicly denied the failed drug test of Medina Spirit for three years, until finally conceding in order to lift his suspension.[xvi] The years of failed drug tests and ongoing misconduct convey that Baffert has a blatant disregard for the rules and regulations established by the Kentucky Horse Racing Commission.[xvii] The Kentucky Horse Racing Commission is committed to protecting the safety of participants, the health of the horses, and ensuring a level playing field through strictly enforced administrative regulations.[xviii] Baffert has been found in violation of these imposed regulations on multiple occasions and faced suspensions in multiple states, and yet is currently licensed to train and enter his horses in races in Kentucky.[xix] Baffert trains for the most influential, wealthiest horse owners in the industry and continues to break rules and push the envelope to an extent that has resulted in high rates of horse deaths.[xx] Under KRS 230.320(1), the Kentucky Horse Racing Commission can deny, revoke, or suspend every licensee or person participating in horse racing if they are found to be in violation of the regulations.[xxi] The commission’s commitment to protecting the health and safety of participants and horses is inconsistent with their allowance of Baffert to continue racing and violating their regulations.
As Baffert has brought increased attention to horse racing, the upcoming races that Baffert participates in and the future actions from the commission will be crucial to the sport’s reputation and under high scrutiny from the public.[xxii] Regardless, if Baffert uncharacteristically complies with all regulations in the future, the Kentucky Horse Racing Commission must assume a stricter procedure for disciplining violations of their rules in order to maintain the integrity of horse racing.
[i] Bob Baffert, Nat’l Museum of Racing and Hall of Fame, https://www.racingmuseum.org/hall-of-fame/trainer/bob-baffert (last visited Oct. 16, 2024). [https://perma.cc/6GPW-82LZ].
[ii] All Time Leaders, Equibase https://www.equibase.com/stats/ViewAllTime.cfm?tf=all-time&tb=trainer&vb=W (last visited Oct. 16, 2024). [https://perma.cc/D4RB-NCMJ].
[iii] David Weisenfeld, You can’t litigate your way into Kentucky Derby, says Churchill Downs’ general counsel, ABA Journal (May 2, 2024, 1:56 PM), https://www.abajournal.com/web/article/you-cant-litigate-your-way-into-the-kentucky-derby-say-churchill-downs-general-counsel [https://perma.cc/2S2R-DTQH].
[iv] Rory Carroll, Horse racing-Churchill Downs ends three-year suspension of trainer Baffert, Reuters (July 19, 2024, 6:14 PM), https://www.reuters.com/sports/horse-racing-churchill-downs-ends-three-year-suspension-trainer-baffert-2024-07-19/ [https://perma.cc/2S2R-DTQH].
[v] Id.
[vi] KRS 230.240(2)(a).
[vii] 810 KAR 8:025 (13)(a).
[viii] Carroll, supra note 4.
[ix] Gus Garcia-Roberts and Steven Rich, The dark side of Bob Baffert’s reign, Wash. Post (June 18, 2021, 9:57 AM), https://www.washingtonpost.com/sports/2021/06/18/bob-baffert-horse-deaths-drug-violations/
[x] Id.
[xi] Christaline Meyers, “CDI Has Some B***”: $344,874,192 Worth Equestrian Trainer’s Suspension Extension Sparks Mixed Reaction, Leaving Fans Divided, Essentially Sports (July 5, 2023, 1:15 PM), https://www.essentiallysports.com/us-sports-news-olympics-news-equestrian-news-cdi-has-some-b-three-million-dollars-worth-equestrian-trainers-suspension-extension-sparks-mixed-reaction-leaving-fans-divided/ [https://perma.cc/78KX-A5SU].
[xii] Support Bob Baffert! #IstandwithBob #stillstandingwithBob, Facebook, https://www.facebook.com/groups/155879056552359/ (last visited Oct. 16, 2024).
[xiii] Garcia-Roberts and Rich, supra note 9.
[xiv] Carroll, supra note 4.
[xv] Garcia-Roberts and Rich, supra note 9.
[xvi] Joe Drape, Churchill Downs Extends the Suspension of Bob Baffert Through 2024, N.Y. Times (July 3, 2023), https://www.nytimes.com/2023/07/03/sports/horse-racing/baffert-kentucky-derby-suspension.html#:~:text=Baffert%20also%20has%20a%20lengthy,because%20of%20a%20drug%20violation.
[xvii] Id.
[xviii] Equine Health and Medication, Horse Racing and Gaming Corp., https://khrc.ky.gov/new_docs.aspx?cat=30&menuid=30 (last visited Oct. 16, 2024) [https://perma.cc/4LQQ-E63C].
[xix] Garcia-Roberts and Rich, supra note 9.
[xx] Garcia-Roberts and Rich, supra note 9.
[xxi] KRS 230.320(1).
[xxii] Garcia-Roberts and Rich, supra note 9.