LEXINGTON, Ky. (LEX 18) – Counsel for the owners of disqualified Derby horse Maximum Security has filed a motion to reverse the Stewards’ decision and restore the horse’s championship.
Attorneys for Gary and Mary West are asking the court to restore Maximum Security’s original order of first, citing that their due process was denied because there is no process of appeal for decisions made by the Stewards.
A motion was initially filed by the attorneys to allow counsel to file a report that was longer than the 25-page limit. What follows is an 88-page document with several exhibits claiming that the Stewards violated the constitutional rights of the Wests with their decision:
Section 12 grants the Stewards discretion to either disqualify or not disqualify a horse that commits a race-the altering foul. Nonetheless, the Stewards gave no reason explaining why they chose not to exercise their discretion in favor of, rather than against, Maximum Security.
The motion states that the federal court has the ability to reverse the order and restore the original order of the race. An appeal made directly to the Kentucky Horse Racing Commission the Monday after the Derby was denied the same day.