LOUISVILLE, Ky. — One day after a Kentucky judge ruled that Zedan Racing Stables and horse trainer Bob Baffert cannot run in the historic 150th running of the Kentucky Derby, the stable is appealing the decision.
Baffert was banned from competing at Churchill Downs after one of his horses failed a drug test. Zedan then sued the world-renowned racetrack in Louisville, Kentucky to try and get Baffert and their horse, Muth, into the Derby 150 field.
On Thursday, Jefferson County Circuit Judge Mitch Perry denied the stable's request for a temporary injunction.
In his ruling, Perry said Zedan knew a Baffert-trained horse would not be eligible to compete in the Kentucky Derby and still went forward with Baffert as its trainer.
The court also cited concerns about the innocent horses and trainers that would be removed from the Derby field this close to the race on May 4, 2024 if Muth was allowed to run.
In their appeal, filed Friday, Zedan Racing Stables said it's in the public's interest to see the fastest horses in the Kentucky Derby.
"As things presently stand, fans and bettors are losing the chance to see the best, fastest Thoroughbreds compete at the Derby," the motion continued.
Zedan said Churchill Down's exclusion of Muth based on Baffert's "public narrative" goes against the track's principals.
"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," attorneys said.
Churchill Downs released a statement following Perry's decision celebrating Perry's decision on Thursday.
"[We] believe Mr. Zedan may suffer from a case of 'Derby Fever,'" the racetrack said. "Symptoms can contribute to questionable judgement and in extreme cases, can result in litigious behavior. There is no known cure."
The racetrack said it has "communicated clearly" the rules of entry in the Kentucky Derby, which are the same for everyone and are non-negotiable.
"Contenders cannot sue their way into the Kentucky Derby," Churchill Downs said.
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