By: Hunter Branham
“The Greatest Two Minutes in Sports!” Every person says these words in Kentucky and around the world during the first Saturday of every May.[i] On the first Saturday of May, the most electrifying thoroughbreds in the world line up at Churchill Downs in Louisville, Kentucky, to race for a garland of roses and fame throughout the nation.[ii] When the world tunes in to watch this American race, the cameras consistently show the most successful thoroughbred trainer of all time, Robert “Bob” Baffert.[iii] Mr. Baffert’s achievements include being the first trainer to win the Kentucky Derby and the Preakness in consecutive years (1997 and 1998) and the most Kentucky Derby wins at seven.[iv] In addition, Mr. Baffert has notably trained thoroughbreds, American Pharaoh and Justify, both of which won the Triple Crown (horse racing championship attributed to a thoroughbred that in a single season wins the Kentucky Derby, the Preakness Stakes, and the Belmont Stakes).[v] Mr. Baffert currently holds the record for the most Triple Crown race wins, and he is only the second trainer ever to win two Triple Crown titles.[vi] However, with all the success Mr. Baffert has achieved in thoroughbred racing, tragedy struck when Mr. Baffert’s horse Medina Spirit tested positive for a banned substance (betamethasone) after winning the 2021 Kentucky Derby, which caused Baffert to be barred from competing in the Derby for the next two years.[vii]
Betamethasone “is a steroid used to reduce inflammation in the horse’s joints and is not considered a performance-enhancing drug.”[viii] However, it is believed to give horses an advantage during a race because they would not feel the therapeutic effects.[ix] Betamethasone can be legally used as a therapeutic in Kentucky on a horse; however, according to the state’s medication protocols, the state of Kentucky limits the use of the steroid to 14 days or more before a race, and any level of detection on race day, would cause a violation.[x] Medina Spirit tested positive for the steroid, having 21 picograms of betamethasone in its system (“a picogram is a trillionth of a gram”).[xi] According to Clark Brewster, the attorney for Medina Spirit’s owner, Amr Zedan, said if a horse fails a drug test, a trainer has the option of sending a second sample or analysis.[xii] Bob Baffert requested to send a sample of Medina Spirit’s blood and urine; however, the racing officials only accepted the blood sample.[xiii] Mr. Baffert wanted the urine sample studied because he alleged that the substance came from a topical ointment called Otomax that had been applied to a skin rash and that the urine sample would show that the steroid was not injected into Medina Spirit, possibly allowing Medina Spirit to continue to be the Kentucky Derby Winner and preventing Mr. Baffert from being banned from racing at the track for the next two years.[xiv]
Churchill Downs has already suspended Mr. Baffert from participating in the Kentucky Derby for the next two years; however, now Churchill Downs is warning horse owners using Baffert as their trainer.[xv] “Horses earn their way into the Kentucky Derby by competing in a series of prep races in which points are awarded for top finishers.”[xvi] These races begin on September 18, 2021.[xvii] Churchill Downs stated, “’Points will not be awarded to any horse trained by any individual who is suspended from racing in the 2022 Kentucky Derby, or any trainer directly or indirectly employed, supervised or advised by a suspended trainer.’”[xviii]
The question needs to be, should Bob Baffert be suspended longer than two years at Churchill Downs and become suspended through all horse racing events for the next coming years? In 2011, a well-known trainer, Rick Dutrow, was punished for drug violations similar to Mr. Baffert; however, he was suspended from racing for ten years.[xix] New York Racing Association is determined to charge Baffert with “’conduct that is detrimental’ to the sport and ’potentially injurious’ to both horses and riders.”[xx] Churchill Downs suspended Bob Baffert for “Failure to comply with the rules and medication protocols jeopardizes the safety of the horses and jockeys, the integrity of our sport and the reputation of the Kentucky Derby and all who participate.”[xxi] In addition, “Churchill Downs will not tolerate it.”[xxii] “Drugs such as the anti-inflammatory found in Medina Spirit pose the greatest risk to horse and rider because, at higher levels, pain medicine can mask injury, which may result in the horse running harder than it otherwise would, putting extra stress on the injury.”[xxiii]
This drug allegation comes at an awkward time because starting in 2022, the US. Anti-Doping Agency will oversee fighting drug use in horse racing. [xxiv] “The Horse Racing Integrity and Safety Act was passed in December 2020.[xxv] It will go into effect in July 2022. [xxvi] Under the new program, a more strengthened testing program will be enforced and include more out-of-competition testing, which could prevent a horse from even starting a race if found to violate the rules.[xxvii] The purpose of The Act is, “to improve the integrity and safety of horse racing by requiring a uniform anti-doping and medication control program.”[xxviii] The United States Anti-Doping Agency (USADA), who manages the anti-doping programs for America’s Olympic athletes will oversee the medication control. [xxix] Kentucky Senator Mitch McConnell said, “’Kentucky’s cherished horse racing traditions deserve to be protected.[xxx] I’m proud to preserve our signature racing industry and the 24,000 workers who support it.’”[xxxi] “’We’re one step closer to promoting fairness and safety across Thoroughbred racing.’”[xxxii] “The push to have the Act passed was led by the Jockey Club and was joined by several major racetracks and organizations, such as Breeder’s Cup, Keeneland, Churchill Downs, and the New York Racing Association.”[xxxiii]
No one knows what will happen to Bob Baffert besides having to serve his two-year suspension at Churchill Downs.[xxxiv] Nevertheless when the new Horse Racing Integrity and Safety Act becomes the law, there will be a more streamlined policy to prevent horses from taking steroids or any other drug to help their chance win the Kentucky Derby and a Triple Crown title.
[i] What are the Most Exciting two Minutes in Sports?, Wonderopolis, https://wonderopolis.org/wonder/What-Are-the-Most-Exciting-Two-Minutes-in-Sports (last visited Oct.1, 2021) [https://perma.cc/RGK4-RC3E].
[ii] Id.
[iii] Paul DiGiacaomo, Bob Baffert, Britanncia, https://www.britannica.com/biography/Bob-Baffert (last updated Aug. 3, 2021) [https://perma.cc/C8R3-WDVH].
[iv] Id.
[v] DiGiacomo, supra note iii; Marvin Drager, Triple Crown American Thoroughbred Horse Racing, Britannica, https://www.britannica.com/sports/Triple-Crown-American-thoroughbred-horse-racing (last visited Oct. 1, 2021) [https://perma.cc/A2XG-A8NN].
[vi] DiGiacomo, supra note iii.
[vii] Mark Katkov, Churchill Downs Has Suspended The Trainer of The Kentucky Derby’s Winning Colt, Nat’l Pub. Radio, https://www.npr.org/2021/06/02/1002468437/the-kentucky-derbys-winning-colt-has-failed-a-second-drug-test (last updated June 2, 2021 5:18 PM) [https://perma.cc/UBD2-YE3W].
[viii] Stephen Whyno, Explainer: Derby Winner’s Failed Test Latest in Horse Doping, Associated press (May 10, 2021), https://apnews.com/article/doping-sports-d9c5b2a41d2c83a9f05dcf790fc6f4f1 [https://perma.cc/9A2A-6GMK].
[ix] Id.
[x] Id.
[xi] Dan Mangan, Kentucky Derby Winner Medina Spirit’s failed Drug Test is Confirmed, Consumer News Bus. Channel (June 2, 2021, 10:44 AM), https://www.cnbc.com/2021/06/02/kentucky-derby-winner-medina-spirits-failed-drug-test-is-confirmed.html [https://perma.cc/8ZVX-TCF8].
[xii] Id.
[xiii] Id.
[xiv] Id.
[xv] Joe Drape, Racing Officials in Kentucky and New York Move to Marginalize Baffert, N.Y. Times (Sept. 10, 2021), https://www.nytimes.com/2021/09/10/sports/horse-racing/bob-baffert-medina-spirit.html [https://perma.cc/3EB6-JQZD].
[xvi] Id.
[xvii] Id.
[xviii] Id.
[xix] Joe Drape, 3 Years After Triple Crown Bid, Trainer is Given a 10-Year Ban, N.Y. Times (Oct. 12, 2011) https://www.nytimes.com/2011/10/13/sports/dutrow-barred-from-training-horses-in-new-york-for-10-years.html [https://perma.cc/7WJJ-WB7X].
[xx] Drape, supra note xv.
[xxi] Kevin Breuninger, Medina Spirit’s Kentucky Derby win invalidated if failed drug test upheld, Churchill Downs says, Consumer News Business Channel (May 9, 2021, 1:19 PM), https://www.cnbc.com/2021/05/09/medina-spirit-kentucky-derby-win-will-be-invalidated-if-failed-drug-test-is-upheld.html [https://perma.cc/5U34-GDHX].
[xxii] Id.
[xxiii] Joe Drape, Kentucky Derby Winner Medina Spirit Fails Drug Test, N.Y. Times (May 9, 2021) https://www.nytimes.com/2021/05/09/sports/horse-racing/bob-baffert-kentucky-derby-medina-spirit-drug-test.html [https://perma.cc/MLM4-D82L].
[xxiv] Id.
[xxv] Amy McKeever, It’s Triple Crown season: Here’s What to Know About Horse Doping, Nat’l Geographic (May 14, 2021) https://www.nationalgeographic.com/animals/article/racehorse-doping-explained [https://perma.cc/C7UH-MDS2].
[xxvi] Id.
[xxvii] Law to police doping in horse races not in play ‘til 2022, Nat’l Broadcasting Company Sports (May 12, 2021, 7:55 PM), https://sports.nbcsports.com/2021/05/12/law-to-police-doping-in-horse-races-not-in-play-til-2022/ [https://perma.cc/2HEA-WTHG].
[xxviii] Horseracing Integrity and Safety Act of 2020 H.R. 1754, 116th Cong. (2020).
[xxix] About The Horseracing Integrity and Safety Act, Coalition For Horse Racing Integrity, http://horseracingintegrity.com/DEFAULT.ASP?PAGE=ACT [https://perma.cc/M365-8F5C].
[xxx] Bill Finley, Horseracing Integrity and Safety Act Passes in Congress, Thoroughbred Daily News (Dec. 22, 2020, 4:39 PM), https://www.thoroughbreddailynews.com/horse-racing-safety-and-integrity-act-passes-in-senate/ [https://perma.cc/V8ZY-47G4].
[xxxi] Id.
[xxxii] Id.
[xxxiii] Id.
[xxxiv] Katkov, supra note vii.