The Kentucky Horse Racing Commission on Monday denied an appeal by Maximum Security's owners over their horse's disqualification in Saturday's Kentucky Derby.
The thoroughbred's owners, Gary and Mary West, had accused race stewards of "arbitrary and capricious acts" in their review of the race that led to the disqualification, the first time in 145 runnings of the Triple Crown race that the winning horse was disqualified for actions on the track.
Moving swiftly to deny the appeal that was filed earlier in the day, the KHRC said its position, per its regulations (via the Louisville Courier-Journal), is that stewards' rulings "shall be final and not subject to appeal."
A letter from KHRC general counsel John L. Forgy rejecting the appeal reiterated that position to the Wests' attorney:
"The stewards unanimously disqualified Maximum Security following two objections lodged immediately after the 145th running of the Kentucky Derby and after a thorough review of the race replay. That determination is not subject to an appeal."
Maximum Security was disqualified and dropped to 17th when stewards ruled that he drifted out of his running lane and affected the progress of other horses in the race, making second-place Country House the winner.
"Based on everything that has happened so far, I’m not surprised," Gary West told The Associated Press in a phone interview after the appeal was denied. "We’ll file suit in whatever the appropriate court is. I don’t know the answer to that, but the lawyers that I have retained will know what the appropriate venue is."
Kentucky Horse Racing Commission executive director Marc Guilfoil has publicly backed the stewards’ disqualification ruling.
“I agree with the stewards 100 percent,” Guilfoil said. “It was the right and correct call. It wasn’t a popular call. (But) it's an integrity and a safety issue and they did what the rules provide (for) them to do. ...
"We avoided a complete catastrophe there. The racing gods were smiling on us.”
West said Monday that Maximum Security would not run later this month in the Preakness Stakes, the second leg of thoroughbred racing's Triple Crown for 3-year-olds.
