Kentucky Derby: Zedan's injunction request denied; emergency appeal planned

A Jefferson County Circuit Court judge in Kentucky has denied a request for a temporary injunction that was being sought by the owner Amr Zedan that would have allowed his horse Muth to start in this year’s Kentucky Derby despite a ban by Churchill Downs on the colt’s trainer, Bob Baffert.

Judge Mitchell Perry issued the denial in a ruling on Thursday afternoon, four days after a hearing in which he allowed attorneys for Zedan and Churchill to argue their cases. During that hearing, Perry had pressed Zedan’s attorneys on why they had filed the request for a temporary injunction less than five weeks prior to the Derby despite the ban on Baffert being extended by Churchill Downs in July of last year.

In his ruling, Perry wrote that the “balance of equities” in deciding for a temporary injunction “weighs strongly against granting injunctive relief,” citing the impact on the public perception of this year’s Derby.

“Public trust and confidence in the integrity of the races run at Churchill Downs are essential to its business,” Perry wrote. “It is also in the public interest to ensure that all those who attend or watch races at Churchill Downs can be confident in the fairness and integrity of the sport.”

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In a statement, a spokesperson for Zedan Racing Stables said that the denial of the temporary injunction will be appealed on “an emergency basis” to the Kentucky Court of Appeals.

“The goal of our effort remains to ensure our horse Muth will have a once-in-a-lifetime opportunity to compete” in the Derby, the statement said.

Churchill initially banned Baffert for two years in the summer of 2021 after his horse Medina Spirit tested positive for a regulated medication after winning the 2021 Derby. Churchill extended the ban by citing statements Baffert had made after the 2023 Derby in which Baffert had contended that he had not violated any rules in the Medina Spirit incident.

Zedan filed the lawsuit on April 3. The suit alleged that Churchill’s extension of the ban had “no basis in law and fact” and that the decision by Churchill was based on the “personal animus” of Churchill’s chief executive officer, Bill Carstanjen.

The lawsuit was filed two days after Muth won the Arkansas Derby, which awards qualifying points for Derby berths to the first five finishers. Muth has been in Baffert’s care since shortly after Zedan purchased the horse for $2 million at a 2-year-old auction in Florida in March 2023.

In his Thursday ruling, Perry also cited the impact of a temporary injunction on the other potential entrants in the race. If Muth were allowed into the race, another potential starter would be unable to compete. In addition, granting the injunction would mean that other horses trained by Baffert might also be eligible to run, pushing other starters out of the field.

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“These are entities who have done nothing wrong, have followed the rules, and worked hard only to be denied the opportunity to compete at the last moment,” Perry wrote. “There could be nothing more unfair than that.”

This is the second time in 12 months that a judge has denied a request for a temporary injunction of the ban on Baffert. Last year, Baffert, who is not a party to the Zedan suit, sought the same remedy from a federal District Court based in Louisville. The judge denied the temporary injunction and granted a summary judgment to Churchill Downs dismissing the case.

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