Owner Amr Zedan's Zedan Racing Stables filed an appeal with the Kentucky Court of Appeals on Friday, attempting to overturn Thursday's Kentucky Circuit Court denial of a temporary injunction that would have allowed horses trained by Bob Baffert to enter the Kentucky Derby.
Friday's appeal was filed “on an emergency basis for the sake of preventing impending irreparable harm not only to Zedan but also to everyone who wants to see the fastest Thoroughbreds competing at the upcoming Derby, fair and square,” according to the lawsuit. Zedan's Muth won the Grade 1 Arkansas Derby on March 30, which would have earned the colt 100 points toward the Kentucky Derby, were he not in Baffert's barn.
The appeal continues: "By excluding a horse based on a trainer’s public 'narrative' rather than actual qualifications, compliance, and merit, CDI is betraying its principles, upending fairness, skewing the Derby, and casting a cloud over the ultimate 'winner,' which would now be a mere artifact of CDI’s petty caprice. No one should want to see the Derby unfold this way.”
Horses trained by Baffert have been banned from competing at Churchill Downs racetracks and have been unable to earn qualifying points for the Kentucky Derby and Kentucky Oaks since Medina Spirit, who finished first in the 2021 Derby, tested positive for betamethasone in a post-race test and was eventually disqualified. Medina Spirit was owned by Zedan. The ban, originally scheduled to run two years, was extended last July by Churchill Downs officials, who said Baffert has yet to take responsibility for the Medina Spirit medication violation.
Judge Mitch Perry ruled Thursday that Zedan knew Baffert-trained horses would be barred from the 2024 Kentucky Derby since last July, but chose to leave his horses with the trainer anyway. Judge Perry also expressed concerns about horses currently in the field who would have to be removed in order for Baffert's horse to run.
Churchill Downs Inc. issued the following statement after Thursday's decision from Judge Perry: "We are pleased with the Court’s decision today and believe Mr. Zedan may suffer from a case of 'Derby Fever,' which is known to spread with exposure to horses and is contagious this time of year. Symptoms can contribute to questionable judgement and in extreme cases can result in litigious behavior. There is no known cure. Nevertheless, we have communicated clearly about the rules of entry, which are the same for everyone and are non-negotiable. Contenders cannot sue their way into the Kentucky Derby. We wish Mr. Zedan well in the future and appreciate both his passion for the sport and his desire to see his horses compete on the First Saturday in May."
More must-reads: