Appeals court upholds 2019 Kentucky Derby disqualification of Maximum Security
A United States Court of Appeals has upheld a ruling from a lower federal court not to consider a lawsuit brought by Maximum Security’s owners over the outcome of the 2019 Kentucky Derby.
After being the first horse to cross the finish line, Maximum Security was taken down and placed 17th for interference during the running of the race. The Kentucky Racing Stewards declared Country House the winner, prompting Gary and Mary West, owners of Maximum Security, to file a lawsuit 10 days later seeking to overturn the decision.
U.S. District Court Judge Karen Caldwell ruled on Nov. 15, 2019, that disqualification decisions are not subject to judicial review. The Wests had asked the United States Court of Appeals for the Sixth Circuit in Cincinnati to reverse that decision and return the case to the district court. But the court ruled that Caldwell ruled properly.
“What should have been the fastest two minutes in sports turned into over a year of litigation,” Judge John K. Bush wrote at the conclusion of the 14-page ruling. “Neither Kentucky law nor the Fourteenth Amendment allows for judicial second-guessing of the stewards’ call. For the foregoing reasons, we AFFIRM the judgment of the district court in full.”
Gary West told WKYT, “I obviously disagree with the courts’ findings, but it is time to move on and the decision will not be appealed.”
That would bring a conclusion to the most controversial finish in the 145-year history of the race. Never before had the winning horse been disqualified and another horse placed as the official winner.
Friday’s ruling reaffirms Kentucky racing rules that stewards have the final say on the running of the race, including such matters as interference and the placing of the horses involved in such an infraction.
“Even though Maximum Security’s disqualification was unprecedented, the fact remains that the stewards have always had the discretion to call fouls in horse races,” wrote the appeals court, “this just happens to be the first time that they have exercised this discretion in the Kentucky Derby.”
As well, said the court, “As a condition of maintaining a Thoroughbred racing license in Kentucky, the Wests agreed to ‘abide by this administrative regulation’ and ‘abide by all rulings and decisions of the stewards and the commission.’”
The Wests had argued the disqualification was a “final order of agency” and subject to judicial review under Kentucky law. The appeals court ruled the stewards’ decision did not fit that category.
The Wests also claimed they were denied “protected liberty and property interests” by the disqualification. The appeals court wrote, “Right out of the gate, the Wests fall behind. Kentucky law provides that ’the conduct of horse racing, or the participation in any way in horse racing, . . . is a privilege and not a personal right; and that the privilege may be granted or denied by the racing commission or its duty approved representatives acting in its behalf.’”
Country House received $1.86 million for winning the 2019 Kentucky Derby. He never raced again and is to begin stud duty at Darby Dan Farm for the 2021 breeding season. Maximum Security has raced eight times since the 2019 Kentucky Derby, winning his last seven. He most recently won the Grade 1 Pacific Classic at Del Mar last Saturday. His career earnings total $12,191,900.
