Judge Dismisses Baffert Contempt Claim Against NYRA

[Wandering Eyes]

BROOKLYN, NY—Judge Carol Bagley Amon dismissed Bob Baffert's charge of contempt against the New York Racing Association Tuesday morning in federal court, saying that her previous injunction of NYRA's attempted suspension of Baffert May 17 applied only to enforcing that suspension, and not the issue at hand of NYRA scheduling a hearing and issuing official charges against Baffert Sept. 10.

Baffert's attorney Craig Robertson attempted to argue that NYRA only created rules and procedures for giving a Baffert hearing after the fact in an attempt to suspend Baffert for the same reasoning as it had in May. Amon dismissed that argument, interrupting Robertson several times to note that a hearing process for Baffert is legally separate from NYRA's enjoined May 17 attempt to suspend him.

“That suspension is no longer in effect,” she said. “I don't know how you can read that order as precluding the defendant from giving Mr. Baffert a hearing. They're not seeking to suspend him, they're just seeking to give him a hearing. I didn't reach a merits decision as to [the suspension]. I said your client was entitled to a hearing.”

Robertson again tried to argue that NYRA was creating “ex post facto” rules for its original suspension, but Amon again interrupted to say, “No, they're not, because this is a whole new proceeding. You're missing the import of the court's original order. The original lawsuit dealt with the suspension in May. This is an entirely different scenario.”

Robertson returned to his argument that the reasoning behind the scheduled hearing for Baffert is the same as NYRA's initial actions, to which Amon said, “What difference does that make? I didn't rule on the reasons, I said he should get a chance to answer [charges].”

“Plaintiff has not proved that the September statement of charges violates the July 14 order,” Amon said in her official ruling. “The text of that order bars the defendant from enforcing the May 17 order, it says nothing about the defendant's reasoning. There have been significant and material changes in the Sept. 10 proceedings, which create a hearing to bring a possible suspension, not to enforce one.”

NYRA was quick to issue a statement praising the decision. “Earlier today, Judge Carol Bagley Amon denied Mr. Baffert's motion seeking to hold NYRA in civil contempt and to stay the administrative hearing,” said Patrick McKenna, Senior Director of Communications for NYRA. “We are gratified by the court's decision allowing NYRA to move forward with its administrative hearing against Bob Baffert. The court found that NYRA's actions were consistent with both the letter and spirit of the July 14 order. NYRA's focus in this matter is protecting the integrity of the sport of thoroughbred racing in accordance with the requirements of due process.”

Robertson said, “I'm disappointed. But the injunction remains in place and Mr. Baffert is still able to race in New York. We will review the court's ruling and determine next steps.”

This story will be updated.

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