Kentucky Appeals Court Also Denies Muth, Bob Baffert Entrance Into Kentucky Derby

A Kentucky Court of Appeals judge has denied an emergency motion that would allow Arkansas Derby winner Muth into next Saturday's Kentucky Derby, according to a notice posted on the court's online docket late Wednesday evening.

Though the precise language of the order was not immediately available, it is clear that the order upholds the decision handed down April 18 by Jefferson Circuit Court Judge Mitchell Perry, denying owner Amr Zedan and trainer Bob Baffert the chance to enter Muth in the Kentucky Derby.

Horses trained by Baffert have been banned from competing at Churchill Downs racetracks and have been unable to earn qualifying points for the Kentucky Derby and Kentucky Oaks since Medina Spirit, who finished first in the 2021 Derby, tested positive for betamethasone in a post-race test and was eventually disqualified. Medina Spirit was owned by Zedan. The ban, originally scheduled to run two years, was extended last July by Churchill Downs officials, who said Baffert has yet to take responsibility for the Medina Spirit medication violation.

Judge Perry ruled last week that Zedan knew Baffert-trained horses would be barred from the 2024 Kentucky Derby since last July, but chose to leave his horses with the trainer anyway. Judge Perry also expressed concerns about horses currently in the field who would have to be removed in order for Baffert's horse to run.

Zedan Racing Stables released the following statement: "We are disappointed with the single judge decision of the Court of Appeals, and saddened that our horse Muth, one of the fastest 3-year-olds in the country, will be denied the once-in-a-lifetime opportunity he earned to contend in the 150th Run for the Roses and, potentially, the Triple Crown.

"Filing this lawsuit was the last thing we wanted to do. That is why Amr F. Zedan, the Founder of Zedan Racing Stables Inc., reached out to the Churchill Downs CEO this past December and January to attempt to resolve this issue amicably. Zedan Racing Stables was compelled by its substantive business interests to take legal action to secure Muth’s rightful opportunity to run in the Kentucky Derby.

"We hope that Churchill Downs will follow up on Judge Perry’s request that both sides work out an on-going agreement in order for Bob Baffert to once again bring horses to Churchill Downs’ tracks."

Amr Zedan stated: “I had the pleasure of speaking with Alex Rankin, the Chairman of Churchill Downs, and I congratulated him on the 150th running of the Kentucky Derby and wish him and racing fans around the world a competitive, captivating, and safe race. I look forward to bringing Muth to the Preakness.”