Jefferson Circuit Court Judge Mitchell Perry has officially denied a motion for temporary injunction that would have allowed trainer Bob Baffert to enter horses in this year's Kentucky Derby. The motion is part of a lawsuit against Churchill Downs filed by owner Amr Zedan, whose Baffert-trained colt Muth won this year's Arkansas Derby.
Zedan filed his lawsuit on April 3, 2024, a timeline his attorneys defended earlier this week by stating that the issue was "hypothetical" until Muth won the Grade 1 Arkansas Derby, which would have earned the colt 100 points toward the Kentucky Derby, were he not in Baffert's barn.
"The Plaintiff knew as early as July 2023 that Mr. Baffert was a suspended trainer and that to be eligible to run in the 2024 Kentucky Derby, horses had to be transferred to a non-suspended trainer by January 29, 2024," Judge Perry wrote. "Nonetheless, the Plaintiff nominated its horses with Mr. Baffert as their trainer."
Among the reasons for Judge Perry's denial is the harm that granting the injunction would have caused Churchill Downs.
"Churchill Downs, as the host of one of the most preeminent sporting events in the world, has a duty to ensure that the rules and regulations put in place to guarantee an even playing field are upheld and followed," wrote Judge Perry. "Public trust and confidence in the integrity of the races run at Churchill Downs are essential to its business. It is also in the public interest to ensure that all those who attend or watch races at Churchill Downs can be confident in the fairness and integrity of the sport."
In addition, granting the injunction would have harmed other trainers whose horses would no longer be eligible for the Kentucky Derby.
"The Court is also deeply concerned about the innocent third parties who will have their horses removed from the Derby field to make room for the Plaintiff’s horse should the Court grant injunctive relief," he wrote. "These are entities who have done nothing wrong, have followed the rules, and worked hard only to be denied the opportunity to compete at the last moment. There could be nothing more unfair than that."
Judge Perry also denied Churchill Downs' motion to dismiss the lawsuit in its entirety, despite concerns about Zendan's "third-party standing to essentially challenge Churchill Down’s ban on behalf of Mr. Baffert."
Zedan can still take the case to the Kentucky Court of Appeals; a spokesperson for Zedan Racing Stable did not immediately respond to a request for comment.
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