West to Appeal Dismissal of Derby DQ Lawsuit

[Wandering Eyes]

Three days after U.S. District Court Judge Karen Caldwell dismissed a lawsuit filed that sought to overturn the stewards’ disqualification of Maximum Security (New Year’s Day) from first to 17th in the 2019 GI Kentucky Derby, owner Gary West released a statement expressing his dismay with the decision and his intent to appeal.

His statement in full reads: “The Court’s decision holding that disqualification decisions by Kentucky’s stewards are never “subject to judicial or any kind of review” literally puts Kentucky’s stewards above the law.

“Stewards’ decisions are of momentous financial and intangible importance to owners, breeders, trainers, jockeys, and the betting public. The transparency and reviewability of decisions by stewards is essential to the integrity of racing in America and is critical to the public’s confidence in the sport. Sadly, the Court’s Opinion allows secret deliberations by Kentucky’s stewards that affect millions of people and billions of dollars to forever go unreviewable by any court; indeed, by anyone, no matter how negligent, reckless or nefarious such secretly-made decisions may be.

“The opportunities for abuses under such a bizarre and un-American system are self-evident. This is an outrageous state of affairs that does irreparable damage to the “trust” in the sport of Thoroughbred racing in Kentucky.

As important as it is to me to have a court review the stewards’ disqualification of Maximum Security, this case has now become much bigger than that. It’s now a case about Due Process and the fundamental fairness of how racing is conducted in Kentucky. The secret and unreviewable actions by state actors that have been authorized by the Court’s Opinion are the way things are done under totalitarian regimes in third- world countries. The Kentucky State Racing Commission should be ashamed to have created a “rule” like this; it is no wonder most people routinely question stewards’ rulings on disqualifications. I, and nearly everyone, have been operating under the belief that in America “Due Process” was an inalienable right. But that is simply not true in Kentucky racing.

I cannot and will not allow such a dangerous precedent to stand unchallenged. I have, therefore, authorized my attorneys to immediately appeal.”

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