Judge rules NYRA can proceed with internal hearing on Baffert

The New York Racing Association can proceed with an internal hearing to consider a ban of the trainer Bob Baffert at its tracks, a federal judge in New York ruled Tuesday morning, according to officials involved in the case.

Judge Carol Bagley Anon of the U.S. District Court for the Southern District of New York issued the ruling from the bench after hearing brief oral arguments from NYRA and Baffert’s attorney, Craig Robertson, on Tuesday morning. The ruling denied a motion from Baffert seeking to hold NYRA in contempt of an earlier order issued by Anon in July that had stayed an earlier ban of Baffert.

“We are gratified by the court’s decision allowing NYRA to move forward with its administrative hearing against Bob Baffert,” said Patrick McKenna, a spokesman for NYRA. “The court found that NYRA’s actions were consistent with both the letter and spirit of the July 14 order. NYRA’s focus in this matter is protecting the integrity of the sport of Thoroughbred racing in accordance with the requirements of due process.”

Robertson said that he was “disappointed” in the ruling and that he would “determine the next steps” after a full review of the written order.

“Contempt is a difficult remedy to obtain, [but] the injunction remains in place and Mr. Baffert is still able to race in New York,” he said.

NYRA issued a “temporary” ban on Baffert on May 17, shortly after the trainer acknowledged that his horse Medina Spirt tested positive for an overage of betamethasone, a regulated anti-inflammatory medication, after winning the Kentucky Derby. Baffert filed suit to stay the ban in July, contending that NYRA violated his due-process rights by issuing the ban before granting him a hearing. Anon agreed and stayed the ban until his appeal before the court ran its course.

But in September, NYRA announced that it had implemented protocols for an internal hearing process, and it issued a statement of charges to Baffert citing “conduct detrimental to racing.” The motion from Robertson sought to prevent that hearing from happening, which is now scheduled for Oct. 11.

From the bench, Anon said on Tuesday that the decision by NYRA to call the new hearing “implicates neither the spirit nor the letter of the injunction.”

“Defendant’s decision to create procedures to give plaintiff and others a pre-suspension hearing does not violate the spirit of an order meant to prevent defendant from suspending plaintiff without a pre-suspension hearing,” she said, according to a transcript of the hearing.

Robertson had argued in his motion to hold NYRA in contempt that the association was attempting to “circumvent” the July 14 ruling by holding a new hearing.

The Kentucky Derby positive has not yet been adjudicated.

Baffert’s attorneys have argued that the positive was a result of the daily application of a benign skin ointment containing betamethasone, rather than from an injection.