Baffert court filing argues that NYRA suspension hearing should be prohibited

An attorney for the trainer Bob Baffert argued in a court filing on Tuesday that the New York Racing Association should be prohibited from holding a hearing to consider a suspension of the trainer, calling the plan to conduct the hearing a “direct contravention” of the court’s ruling in mid-July to stay a suspension issued by NYRA earlier this year.

Craig Robertson, the attorney, filed the letter with the U.S. District Court for the Eastern District of New York, which ruled that NYRA had violated Baffert’s due-process rights when issuing the first suspension in May and was entitled to a hearing. On Sept. 10, NYRA adopted protocols to conduct such hearings, and the association charged Baffert with “conduct detrimental to racing” while scheduling the hearing for Baffert on Sept. 27.

Robertson argued in the letter that the court’s earlier ruling prevents NYRA from holding the new hearing, citing language in the ruling staying the suspension “pending the final hearing and determination of this action.”

“NYRA cannot turn around and attempt to reissue the same suspension based on the same factual allegations – as it has explicitly stated it aims to do – when this court has enjoined that very conduct,” Robertson wrote.

In a written statement in response to the letter, Patrick McKenna, the senior director of communications for NYRA, said that NYRA is not attempting to enforce the original suspension.

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“The current NYRA hearing proceeding was independently commenced pursuant to NYRA’s common-law and regulatory authority to exclude licensees, subject to the requirements of due process,” McKenna wrote. McKenna said that the new hearing is in “compliance” with the court’s earlier ruling to stay the suspension.

Both Robertson and NYRA said that the original hearing date of Sept. 27 has been pushed to Oct. 11 “with the agreement of all parties.” The judge in the case, Carol Bagley Anon, issued an order on Tuesday after the letter was filed requiring NYRA to respond by Sept. 29, and scheduled arguments on the motion for Oct. 5.

Baffert’s ability to enter horses in the Nov. 5-6 Breeders’ Cup event is also being reviewed by that organization. The suspensions and reviews are all based on a positive test for the regulated medication betamethasone in Baffert’s Medina Spirit following this year’s Kentucky Derby. The case has yet to be adjudicated.

Robertson also argued in his letter that NYRA’s September issuance of its hearing notice to Baffert constituted a new violation of the trainer’s due-process rights.

“None of the ‘rules’ which NYRA now seeks to enforce were in place at the time that Baffert engaged in the conduct which NYRA contends is improper,” Robertson wrote. “Fair warning is a hallmark of due process.”