Commission Denies Maximum Security Disqualification Appeal

Commission Denies Maximum Security Disqualification Appeal
Flavien Prat on Country House (L) races against Luis Saez on Maximum Security, third from left, during the 145th running of the Kentucky Derby horse race at Churchill Downs in Louisville, Ky., on May 4, 2019. (John Minchillo/AP Photo)

LOUISVILLE, Ky.—The Kentucky Horse Racing Commission didn’t take long to deny the appeal of Maximum Security’s disqualification as Kentucky Derby winner for interference, saying hours after it was filed Monday, May 6, that the stewards’ decision is not subject to appeal.

The commission’s letter to attorney D. Barry Stilz, who filed the appeal of behalf of owners Gary and Mary West, also denied a request to stay the disqualification ruling pending appeal.

stewards review disqualified Maximum Security
Country House #20 was declared the winner after a stewards review disqualified Maximum Security #7 at the 145th Kentucky Derby at Churchill Downs in Louisville, Ky., on May 4, 2019. (Jamie Squire/Getty Images)

West said he was disappointed by the KHRC decision, but added the matter is not settled.

“Based on everything that has happened so far, I’m not surprised,” West told The Associated Press in a phone interview after the appeal was denied. “We’ll file suit in whatever the appropriate court is. I don’t know the answer to that, but the lawyers that I have retained will know what the appropriate venue is.”

The KHRC’s decision came after West’s legal team filed the appeal to the commission based in Lexington, Kentucky. The owner has acknowledged that the legal proceedings could take “months, if not years, down the road.”

Racing stewards disqualified Maximum Security after Saturday’s Kentucky Derby and elevated Country House to the winner’s circle following objections filed by two jockeys. Stewards determined Maximum Security impeded the paths of several horses in the race.

Maximum Security is the first Derby winner disqualified for interference in the race’s 145-year history.

Flavien Prat rides Country House
Flavien Prat rides Country House (L) to the finish line during the 145th running of the Kentucky Derby horse race at Churchill Downs in Louisville, Ky., on May 4, 2019. (Matt Slocum/AP Photo)

President Donald Trump did not agree with the stewards decision.

“The Kentucky Derby decision was not a good one,” Trump wrote on twitter. “It was a rough & tumble race on a wet and sloppy track, actually, a beautiful thing to watch. Only in these days of political correctness could such an overturn occur. The best horse did NOT win the Kentucky Derby—not even close!”

The only other Derby disqualification was in 1968, and long after the race. First-place finisher Dancer’s Image tested positive for a prohibited medication, and Kentucky racing officials ordered the purse money to be redistributed. Forward Pass got the winner’s share. A subsequent court challenge upheld the stewards’ decision.

Maximum Security crosses finish line
Maximum Security #7, ridden by jockey Luis Saez crosses the finish line during 145th running of the Kentucky Derby at Churchill Downs in Louisville, Ky., on May 4, 2019. (Michael Reaves/Getty Images)

West also has said he would not run Maximum Security in the May 18 Preakness in Baltimore. Acknowledging the horse’s removal from Triple Crown consideration because of the disqualification, the owner said there is “really no need” to run a horse back in two weeks.”

By Gary B. Graves

NTD News reporter Jeremy Sandberg contributed to this report.

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