Baffert, NYRA Spar in Federal Court in Brooklyn

[Wandering Eyes]

In a one-hour and 45 minute hearing in federal court in Brooklyn, New York Monday morning, the two sides in the ongoing Bob Baffert-New York Racing Association case sparred before Judge Carol Bagley Amon, in the U. S. District Court, Eastern District.

At the end of the session, Amon did not issue a ruling on Baffert's motion for injunctive relief after being temporarily banned from running horses at NYRA tracks, saying she would take it under advisement.

Baffert's attorney, Craig Robertson, argued that the trainer would be further harmed if not allowed to race at the Saratoga meeting, which starts Thursday.

“The opportunity to participate is vitally important,” said Robertson. “Saratoga is the premiere race meet in the country. Saratoga is the crown jewel, and has 43 graded stakes races. These races come around only once a year and if he is denied the opportunity to participate in them, he cannot get back that opportunity. That is irreparable harm.”

Robertson cited three instances where Baffert intended to run horses at Saratoga, which he is currently not allowed to do: Gamine (Into Mischief) in the GI Ketel One Ballerina August 28, Illumination (Medaglia d'Oro) in the GI Longines Test August 7, and Fenway (Into Mischief) at an unspecified race at the meet.

NYRA has been calling Baffert's suspension “temporary,” but it was revealed in the hearing that NYRA planned to announce the length and terms of the suspension after their August 11 board meeting. Baffert will not be permitted to state his case at that meeting, according to NYRA attorney Henry Greenberg, who said that he would be given a chance to appeal the decision.

Many of the arguments heard in court Tuesday were familiar ones to those who have been following the case, with Baffert's team arguing that his right to due process had been violated by NYRA's May 17 ban. They also argued that NYRA does not necessarily have the right to exclude someone, particularly over what they characterized as a low-level drug offense.

Said Greenberg, “It is a frivolous argument that NYRA doesn't have the right to exclude someone.”

Baffert did appear in court, but it was agreed by both sides that he would not testify. After the hearing, Baffert, Robertson, Greenberg and NYRA officials all declined comment.

This story will be updated.

The post Baffert, NYRA Spar in Federal Court in Brooklyn appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

View the full article