LEXINGTON, Ky. – The Kentucky Horse Racing Commission on Friday upheld a decision by its executive director to deny Bob Baffert a stay of his 90-day suspension while the trainer appeals the ban. As a result, Baffert will seek a court-ordered stay in Frankfort on March 17. The commission voted 10-0 to deny the motion to grant the stay, with three members abstaining “for an actual or perceived conflict of interest.” The commission’s executive director, Marc Guilfoil, had denied the request for the stay last Friday. Baffert’s attorneys then simultaneously appealed Guilfoil’s denial to the full commission and to a Kentucky circuit court. The vote was taken after Clark Brewster, an attorney for Baffert, and Jennifer Wolsing, the general counsel for the commission, were each given 10 minutes to argue their sides. The commission then went into closed executive session before returning to public session and quickly conducting the roll-call vote without a discussion. Baffert was issued the 90-day suspension by Kentucky stewards on Feb. 21, based on the finding of the regulated corticosteroid betamethasone in the post-race sample of Medina Spirit after the horse won last year’s Kentucky Derby. In a separate ruling by the stewards on the same day, Medina Spirit was disqualified from the race. The disqualification has also been appealed. :: For the first time ever, our premium past performances are free! Get free Formulator now! In his arguments, Brewster said that the commission had not yet heard all the “facts” in the case while repeating assertions that the source of the positive was a benign skin ointment applied to Medina Spirit in the weeks leading up to the race. He said that a decision to uphold the denial would be a “death sentence” to Baffert’s career, citing his 88 horses in training and “more than 70” employees. Brewster also argued that the commission routinely grants stays on appeal. Wolsing countered that the stewards’ ruling was based on clear rules that “do not differentiate” between the route of administration for betamethasone, which is most commonly injected into joints as an anti-inflammatory. She also cited case law in defending the denial of the stay, contending that courts have ruled that medication violations are “so serious, and so severe” as to warrant suspensions to protect the public. “Do we want to give Mr. Baffert an opportunity to repeat his negligence, or is it appropriate to deny him a stay?” Wolsing asked. “The decision is yours, but I certainly recommend the commission uphold Mr. Guilfoil’s decision.” With the decision to uphold the denial, the case will now head to Franklin County Circuit Court, where, earlier this week, attorneys for Baffert and the KHRC appeared before a judge, Thomas Wingate, who asked the two parties to agree to postpone Baffert’s suspension until the commission ruled. Because of Wingate’s prior commitments, he set the date for that hearing for March 17 and asked the commission to push back the start of Baffert’s suspension until at least March 22, to give him time to issue a ruling. Baffert’s suspension was set to start on March 8 and run through June 5. Separately, Baffert has been banned by Churchill Downs through the 2023 Kentucky Derby. Earlier this week, Baffert challenged Churchill’s ban in a federal lawsuit, and the judge in that case is expected to at least consider a decision on a request for a temporary injunction prior to the Derby being held. At the Franklin Circuit Court appearance on Wednesday, Wingate, who hears cases involving the KHRC frequently, said that it was his understanding that granting stays while licensees appeal penalties was “pretty much automatic,” and he asked Robertson if he has “ever heard” of the KHRC denying a stay. “Never, your honor, never,” Robertson replied. “But this is also a highly unusual case,” Wingate said. Following the decision by the full KHRC, Brewster released a statement alleging that the denial was “part of a coordinated attack against Bob by powerful forces that are rife with ethical and business conflicts.” “We look forward to obtaining a stay in an impartial, unbiased court of law,” the statement said.