Kentucky commission asks court to reject Maximum Security DQ lawsuit

The Kentucky Horse Racing Commission has filed a motion to dismiss a federal lawsuit from Gary and Mary West disputing the disqualification of the couples’ horse, Maximum Security, from the Kentucky Derby on May 4.

The KHRC motion, filed June 8, states that the Wests have no legal foundation for seeking a court judgment to overturn the disqualification, citing the state’s rules regarding stewards’ decisions and legal precedent. Kentucky’s rules state that a decision of the stewards regarding interference in a race is final and cannot be appealed.

“As horse owners who race in Kentucky, the Wests are licensed by the commission,” the motion states. “Thus, the Wests agreed to the commission’s regulations and agreed that the stewards’ determinations are final.”

The Wests filed the lawsuit disputing the Derby disqualification on May 14, claiming that their due-process rights were violated when the KHRC refused to grant a hearing to appeal the decision. Since then, the Wests also have filed a request for summary judgment, which is highly unlikely to be granted, according to attorneys with experience in racing law.

The KHRC’s motion to dismiss states that the decision did not infringe on any of the Wests legal rights. The lawsuit by the Wests was filed in U.S. District Court for the Eastern District of Kentucky, which frequently hears racing-related cases.

“The Wests disagree with the stewards’ call to disqualify Maximum Security,” the motion states. “And they disagree with the commission’s decision to make that call conclusive. . . . But their mere disagreement is insufficient to support a claim that their Constitutional – or any other – legal rights have been violated. In fact, they allege no valid cause of action at all. The court should therefore dismiss the Wests’ complaint as a matter of law.”