Can horses trained by Bob Baffert run in 2024 Kentucky Derby? Judge to rule by end of week
Judge Mitch Perry said he plans to rule by the end of the week on a request for a temporary injunction that would allow Bob Baffert-trained horses — specifically Arkansas Derby winner Muth — to enter the 150th running of the Kentucky Derby.
During a 75-minute hearing Monday in Jefferson County Circuit Court, Perry heard from both sides in the case of Amr Zedan vs. Churchill Downs.
Zedan, who owns Muth, is seeking a temporary injunction that would allow Baffert-trained horses to compete in the May 4 Kentucky Derby at Churchill Downs. Baffert, Muth’s trainer, is not a party in the lawsuit.
Baffert has been suspended at Churchill Downs since May of 2021, days after Medina Spirit — also owned by Zedan — crossed the finish line first in the 147th Kentucky Derby. Medina Spirit failed a post-race drug test and was disqualified.
Zedan filed his current lawsuit against Churchill Downs on April 3, four days after Muth’s victory in the Arkansas Derby. Muth was unable to earn qualifying points toward the Kentucky Derby because of Baffert’s suspension.
At issue in the lawsuit is Churchill’s decision last July to extend Baffert’s suspension through the end of 2024. The original suspension was set to expire after the Spring Meet of 2023.
John Quinn, an attorney representing Zedan, argued Monday that the decision to extend Baffert’s suspension was based on the “subjective opinion” of Churchill Downs Incorporated CEO Bill Carstanjen and ignored what Quinn cited as Baffert’s clean record since the summer of 2021.
“Churchill Downs won’t come forward with any facts indicating there was a violation or that there was a problem with the horse or anything of that nature,” Quinn said. “They’ve been very candid about what happened here. The CEO of Churchill Downs (Carstanjen) has filed an affidavit saying he was watching an interview with Mr. Baffert … and concluded (Baffert) could not be trusted.”
Tom Dupree, attorney for Churchill Downs, said the track has the right as a private company to decide who can and can’t compete in its races.
“We set the rules,” Dupree said. “You have no right to come in and say, ‘This is how you run the race.’ It’s our property.”
Perry set another hearing for 1:30 p.m. Wednesday, wanting to give Kentucky Attorney General Russell Coleman a chance to weigh in on the constitutionality of a Kentucky statute that applies to Churchill Downs’ motion to dismiss the case.
Churchill Downs has cited Kentucky’s anti-SLAPP statute in its motion to dismiss. SLAPP is an acronym for Strategic Lawsuits Against Public Participation and is designed to protect certain constitutionally protected rights, including “freedom of speech … on a matter of public concern.”
Perry must rule on the motion to dismiss before ruling on the motion for a temporary injunction.
Timing in the case is important, as horses running in the Kentucky Derby are required to be on the Churchill Downs grounds no later than April 27.
Jason Frakes: 502-582-4046; jfrakes@courier-journal.com. Follow on X @KentuckyDerbyCJ.
This article originally appeared on Louisville Courier Journal: Bob Baffert status for Kentucky Derby 2024 to be determined this week
