Wests Plan Further Litigation Over 2019 Kentucky Derby
Days after a national court dismissed litigation brought by Gary and Mary West looking to overturn the Kentucky stewards’ decision to disqualify their Maximum Security after he reached the cable first in the Derby, Watch the Kentucky Derby live,Gary West issued a statement that he intends to appeal.
“The Court’s decision holding that disqualification decisions by Kentucky’s stewards are never’subject to judicial, Watch the Kentucky Derby live or any type of inspection’ literally puts Kentucky’s stewards over the law,” West said in a statement Nov. 18, later adding,”I can’t, and won’t, let such a dangerous precedent to stand up. I have, therefore, licensed my lawyers to instantly appeal.”
In a decision posted Nov. 15, United States District Judge Karen Caldwell ruled Kentucky regulations clearly say disqualification decisions aren’t subject to judicial review, and, moreover, the disqualification procedure does not implicate an interest protected under the due process clause of the Constitution.
“Accordingly, the court must grant the motion to dismiss,” composed Caldwell, judge to the U.S District Court in the Eastern District of Kentucky Central Division–Lexington. Kentucky derby online free.
West disagrees, especially with the judge’s stage on due procedure.
“As essential as it is for me to have a court review the stewards’ disqualification of Maximum Security, this case has become much bigger than that,” West said. Kentucky derby online free “It is now a case about due process and the fundamental fairness of the racing is performed in Kentucky.
“The secret and unreviewable actions by state actors that have been authorized by the court’s ruling are how things are done under totalitarian regimes in third world nations. Watch the Kentucky derby live, The Kentucky State Racing Commission should be hesitant to have created a’rule’ like this; it is no wonder most people frequently question stewards’ rulings on disqualifications. But that’s simply not true in Kentucky racing.”
The Kentucky principle is in keeping with racing’s version rule. While longtime horse racing followers may remember interference calls occasionally being appealed to the racing commission degree, a model principle adopted in 2002 effectively ended that training in the majority of racing countries. The Association of Racing Commissioners International, a racing regulator umbrella group, adopts model rules that its member authorities are then encouraged to adopt to ease uniformity.
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A pair of model rules adopted in 2002 address the matter. Under the design rule on event by stewards or judges, license holders have been permitted to appeal some stewards’ choices to the racing commission–for example, Watch the Kentucky derby live,sanctions according to a post-race drug test–but the principle does not allow appeals of stewards’ in-race calls interference and disqualifications.
One 2002 model rule on the subject reads:”A determination by the stewards/judges regarding a disqualification through the conducting of this race is final and might not be appealed to the commission.”
Another model rule updated in 2002 creates the stewards the final arbiters and falls under the heading”Protests, Objections, and Inquiries.” Watch the Kentucky derby live, It states:”The stewards will make all findings of fact as to all matters occurring during and (incidental) into the running of a race, shall establish all objections and inquiries, and will determine the extent of disqualification if any, of horses in the race. Such findings of fact and determinations will be final.”
The principle set up in Kentucky is in line with the model rule, saying,”Matters occurring and (incidental) to the running of this race,” shall be final and not be subject to appeal.Kentucky derby online free.
But West, who did not detail his appeal aims in Monday’s statement, believes the rule is unfair and unconstitutional.
“Stewards’ decisions are of momentous fiscal and intangible value to owners, breeders, trainers, jockeys, and also the gambling public. The transparency and reviewability of decisions by stewards is necessary to the integrity of racing in the us and is vital to the public’s confidence in the sport,” West said. Watch the Kentucky derby live, “Regrettably, the court’s ruling allows secret deliberations from Kentucky’s stewards that impact millions of people and billions of dollars to forever go unreviewable by any court; really, by anybody, no matter how negligent, reckless, or nefarious such covertly made conclusions may be.
“The chances for abuses under this kind of bizarre and un-American system are self explanatory. Kentucky derby online free, This really is an outrageous state of affairs that does irreparable harm to the’trust’ from the sport of Thoroughbred racing in Kentucky.”
In her decision, Judge Caldwell noted the stewards are responsible for findings of fact on all things during and incident to the running of a race, determining all objections and queries on disturbance by a horse, improper course by a horse, Watch the Kentucky derby live, or even jockey fouls, and all other things happening or episode to a race. They are responsible for determining the degree of disqualification, if any, of horses for a foul committed.
The judge mentioned Kentucky administrative regulations also provide that all these findings and determinations, including a horse’s disqualification for a foul committed during the race, are”final and will not be subject to appeal.”
“The regulations were clear. This was non-appealable,” KHRC executive director Marc Guilfoil said in a phone interview Nov. 16. Watch the Kentucky derby live, “That said, it was the ideal call.”
The judge decided the Wests’ due process rights were not violated.
“Accordingly, their procedural due process claim depending upon the way the stewards came at the decision to disqualify Maximum Security has to be dismissed. For the same reason, the Wests’ vagueness challenge to Section 12 must also be dismissed.”
Horse racing is not the only sport this season where a federal court case followed a decision by officials. Season-ticket holders of the New Orleans Saints sought a ruling to get playoff ticket expenses repaid or the game rescheduled after a contentious non-call went against their team from the NFC championship game and favored the Los Angeles Rams, Watch the Kentucky Derby live, who won the match and advanced to the Super Bowl.