Of­fi­cials: Max­i­mum Se­cu­rity’s own­ers have no right to ap­peal DQ

Lodi News-Sentinel - - SPORTS - — Janet Pat­ton, Lex­ing­ton Her­ald-Leader

LEX­ING­TON, Ky. — The Kentucky Horse Rac­ing Com­mis­sion has asked a fed­eral judge to toss a law­suit by Max­i­mum Se­cu­rity’s own­ers over the dis­qual­i­fi­ca­tion of their horse in the Kentucky Derby.

The mo­tion, filed on be­half of the com­mis­sion and its mem­bers, the stew­ards who disqual­i­fied Max­i­mum Se­cu­rity, and the ex­ec­u­tive direc­tor, said horse rac­ing is a sport with rules and neu­tral ar­biters and dis­agree­ment with a call doesn’t mean their con­sti­tu­tional or le­gal rights have been vi­o­lated.

“In­stead, the Wests want this Court to make the call and de­ter­mine the win­ner of the Derby — a de­mand that threat­ens to trans­form the “most ex­cit­ing two min­utes in sports” into te­dious, pro­tracted lit­i­ga­tion,” ac­cord­ing to the mo­tion.

“Gary and Mary West’s com­plaint fails to state a claim ... upon which re­lief can be granted,” ac­cord­ing to the mo­tion, which was filed on June 8, the day that the Bel­mont, the last jewel of the Triple Crown, was run in New York.

The state asked U.S. District Judge Karen K. Cald­well to dis­miss the suit, which was filed May 14 in Lex­ing­ton.

The Wests ar­gued that they should be al­lowed to ap­peal the dis­qual­i­fi­ca­tion of Max­i­mum Se­cu­rity, who crossed the fin­ish line first in the Derby. Af­ter two other jock­eys filed ob­jec­tions, the stew­ards ruled that Max­i­mum Se­cu­rity had im­peded sev­eral horses and Coun­try House was de­clared the win­ner.

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