Bob Baffert-trained horse not allowed to run in Kentucky Derby, judge rules

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As Bob Baffert will miss the Kentucky Derby for a third year in a row due to suspension, one of his finer horses will also miss the race.

A judge has denied a request by the owner of the Baffert-trained horse, Muth, to let him run in the first leg of the Triple Crown next month.

Jefferson County Circuit Judge Mitch Perry on Thursday declined to grant a temporary injunction to Zedan Racing Stables, which had argued that the 2021 suspension of Baffert from Churchill Downs was "illegal."

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Trainer Bob Baffert looks on after winning The Sir Barton Stakes with jockey John Velazquez and horse Arabian Lion ahead of the 148th Running of the Preakness Stakes at Pimlico Race Course on May 20, 2023 in Baltimore. (Patrick Smith/Getty Images)

Muth won the Arkansas Derby on March 30 but is ineligible to receive the 100 points that would have put him in the Run for the Roses because of Baffert’s suspension.

Perry’s ruling noted that ZRS knew that Derby-eligible horses had to be transferred to a non-suspended trainer by Jan. 29 yet chose to remain with Baffert. The judge also wrote that Churchill Downs has a duty to ensure that rules and regulations put in place to ensure a level playing field are upheld.

In his ruling, Perry expressed concern about "innocent third parties" having to remove eligible horses from the Derby on May 4 to accommodate the horse trained by the Hall of Famer, whose suspension by Churchill Downs was extended through 2024.

Eric Andrus, a spokesman for ZRS, said an emergency appeal would be filed "as soon as possible."

Trainer Bob Baffert during the 2022 Breeders' Cup at