Trainer Bob Baffert has asked the Federal Court for the Eastern District of New York to prevent the New York Racing Association from continuing its decision to indefinitely ban the Hall of Fame trainer from entering horses at its racetracks – Belmont Park, Aqueduct Racetrack and Saratoga Racecourse citing a violation of due process and lack of an opportunity to be heard. Baffert, through his attorneys, asks the court to view the New York Racing Association as a “state actor” due to the close ties the organization has with New York State government. As such, Baffert’s attorneys allege, the same process that the state (through the New York State Gaming Commission who issues trainers’ licenses) would follow to suspend or vacate a license must be followed by the New York Racing Association to enact its ban, which includes a denial of stall space at the facilities. The state government connection is important since private entities are not subject to the same Constitutional Due Process requirements as governmental agencies. Among the typical due process rights that a citizen has against action by a governmental agency is the right to a fair hearing and orderly process.
Baffert’s counsel alleges their client is effectively banned from racing in New York by the New York Racing Association action and in a footnote indicates Finger Lakes Racetrack is in effect the minor leagues unworthy of consideration. Baffert sites the irreparable harm to his business from the New York Racing Association ban and asks the court to immediately enjoin the ban, a declaration that racing association does not have the power to implement such a ban and monetary damages in excess of $75,000 (the jurisdictional predicate for a Federal Court action between citizens of different states). Baffert’s attorneys also indicate their belief that Baffert will win on the merits as that is a prerequisite to the relief they seek. The New York Racing Association has not yet answered but can be expected to claim that they are a private entity unencumbered by the due process requirements of state actors.
William G. Gotimer, Jr.
Access Bob Baffert's court filings (complaint) here Download Baffert Complaint
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