Kentucky Horse Racing Commission
Kentucky Horse Racing Commission ruling against Daniel Waxman upheld in Franklin Circuit Court

Press Release Date:  Thursday, April 16, 2009  
Contact Information:  Dick Brown 502-564-5525  

FRANKFORT, KY – (April 16, 2009) – Franklin Circuit Judge Philip Shepherd has issued an opinion upholding a ruling by the Kentucky Horse Racing Authority’s racing judges disqualifying a horse owned by Mr. Daniel Waxman from a race run at the Red Mile in 2005.  The Kentucky Horse Racing Authority, now the Kentucky Horse Racing Commission, had affirmed the judges’ ruling following an administrative hearing, and Mr. Waxman appealed to the Franklin Circuit Court.

The race in question was the Allerage Trot, which took place at Lexington’s Red Mile during the Grand Circuit Meet on Oct. 8, 2005. Loyal Opposition was the winning horse of the eighth race and tested positive for flunixin during a routine blood and urine test following the race. Flunixin is an anti-inflammatory drug used prior to races to lessen discomfort and soreness from training.  Use of flunixin is permitted, but no later than 24 hours prior to a race.  When test results indicated that flunixin was administered to Loyal Opposition after the deadline, the racing judges issued a ruling disqualifying the horse and ordering redistribution of the $80,000 purse.

“The commission is pleased that the court believes, as we do, that the commission acted properly in upholding the judge’s findings,” said Lisa Underwood, executive director of the Kentucky Horse Racing Commission.

In ruling in favor of the Kentucky Horse Racing Authority, now commission, Judge Shepherd rejected several constitutional challenges by Mr. Waxman.  The judge held that equine drug regulations applying different rules to thoroughbred and standardbred racing do not violate equal protection guarantees under the law. The judge’s opinion noted that meaningful differences exist between thoroughbred and standardbred horses and held that the state may distinguish between the two breeds in regulating their participation in racing.

Mr. Waxman has 30 days to appeal the April 14, 2009, Circuit Court ruling to the Kentucky Court of Appeals.