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LOUISVILLE, Kentucky – The Kentucky Horse Racing Commission has been quick to dismiss the call for the disqualification of Maximum Security as the winner of the Kentucky Derby for interference, claiming that several hours after its filing on Monday , the decision of the stewards was not likely to appeal.
The commission's letter to attorney D. Barry Stilz, who appealed on behalf of the property owners Gary and Mary West, also denied an application for a stay of decision on the dismissal decision pending the appeal. . West said he was disappointed by the KHRC's decision, but added that the case was not resolved.
"Based on everything that has happened so far, I'm not surprised," West told the Associated Press during a phone interview after the dismissal of the appeal. "We will take legal action, regardless of the court of competent jurisdiction, I do not know the answer to this question, but the lawyers I have selected will know what is the appropriate place."
The race stewards disqualified maximum safety after the Saturday Kentucky derby and raised the Country House to the winner's circle following objections from two jockeys. The marshals determined that maximum safety prevented the roads of several horses from the race.
Maximum Security is the first Derby winner to be disqualified for interference in the 145 years of the race.
The KHRC's decision came after West's legal team appealed to the Lexington, Kentucky-based commission. The owner acknowledged that the legal process could take "months, even years, on the road".
The only other disqualification of the Derby dates back to 1968 and long after the race. Dancer's Image, which ranks first, was tested positive for banned drugs and Kentucky race officials ordered redistribution of the purse's money. Forward Pass got the winner's share. A subsequent court challenge confirmed the decision of the stewards.
West also said that he would not run the maximum safety during the May 18 Preakness in Baltimore. Recognizing that the horse had been removed from the Triple Crown due to disqualification, the owner stated that there was "really no need … to return a horse in two weeks".
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