Kentucky Horse Racing Commission Refuses Appeal of Kentucky Derby Disqualification

Maximum Security's owners decided to appeal the disqualification of their colt from first place winner to 17th place of 19 finishers Sunday morning.  They had started discussing an appeal as soon as the results were made known by the Stewards, after Julian Prat claimed foul.  After 21 minutes and 57 seconds of watching video and discussing the views, the three Stewards came to a unanimous decision to take Maximum Security down from the winner's spot.  It was not known until a press conference more than two hours after the Stewards' decision was announced that Jon Court, the jockey on Long Range Toddy, had also claimed foul.
   Sunday, the owners decided to appeal the ruling, after another view of the race turned up, which showed that War of Will, who had to be checked at the top of the stretch, had suddenly veered out, which caused his near accident.  War of Will had been to the inside of Maximum Security at the beginning of the last turn; but when Maximum Security turned wide in the stretch, War of Will was suddenly directly behind Maximum Security, with his foot feet between the leading colts' hind feet. In slowing down to avoid clipping heels with Maximum Security, War of Will then impeded Long Range Toddy, who had to be pulled up sharply, and, who, consequently, finished in 16th place.
   The appeal request was sent to KHRC executive director Marc Guilfoil yesterday, May 6, by Lexington attorney Barry Silz, on behalf of Gary and Mary West, owners of Maximum Security.  It requested an appeal to be heard by the full commission because the Stewards actions were, "arbitrary and capricious and did not comply with applicable administrative regulations.  Their determination to disqualify Maximum Security is not supported by substantial evidence."
   Hours later, the appeal was denied in a letter from KHRC general counsel John Forgy to attorney Silz.  "Because the stewards' disqualification determination is not subject to appeal and for the reasons set forth below, your request for an appeal is denied.  Consequently, your request for a stay pending appeal is moot because the law does not provide for an appeal."  The appeal denial letter noted that as a license condition for racing in Kentucky, every licensee agrees to abide by the commission's rules and regulations.  It cited the rule that "stewards findings of fact and determination shall be final and not be subject to appeal."
   The owners are now looking at filing a lawsuit regarding the Stewards' decision.   They have decided not to run Maximum Security in the other two Triple Crown races, either.
    Country House, the horse who ran second in the Derby, and whose jockey claimed foul, and was then declared the winner, will not race in the Preakness, either.  Trainer Bill Mott says the colt developed a cough this morning, and is now on antibiotics for "a virus."
    Omaha Beach, the betting favorite for the Kentucky Derby, prior to being scratched, has had successful surgery for his entrapped epiglottis and is doing well.  However, due to his break in training, and his surgery, he, too, will not be running in the next two Triple Crown races.

On the Chincoteague Pony front, there is one new foal.  The twenty-fifth foal of 2019 is a chestnut pinto colt, born to Chickadee and Ace's Black Tie Affair on 6 May.