LEXINGTON, Ky. – The Kentucky Horse Racing Commission on Friday denied a stay of a 90-day suspension its stewards issued to the trainer Bob Baffert, the KHRC confirmed on Friday. The KHRC also denied a stay of a separate decision to disqualify the Baffert-trained Medina Spirit from last year’s Kentucky Derby. The decision to deny the stays will almost certainly set in motion a legal challenge by Baffert’s attorneys seeking a preliminary injunction. The 90-day suspension is set to begin on March 8, and it would preclude Baffert from training in any U.S. jurisdiction while it is in place. “We will appeal and file a motion with the court if necessary,” said Craig Roberston, one of Baffert’s attorneys, on Friday afternoon. “The KHRC denial of the request for a stay is unprecedented in my experience. Stays are routinely granted pending an appeal. This is because suspension days served now cannot be recovered later if the appeal is ultimately successful. We will do whatever is necessary to get a stay enforced prior to March 8.” The letter, addressed to Robertson and another of Baffert’s attorneys, Clark Brewster, was signed by Marc Guilfoil, the executive director of the KHRC. It said that “I do not find good reason to grant a stay” and added that “your clients have the right to petition for a review of this decision” in civil court. :: For the first time ever, our premium past performances are free! Get free Formulator now! Stays of penalties are routinely granted by racing commissions in cases in which the violation is related to a drug positive that is not considered performance-enhancing. Medina Spirit tested positive after the Derby for the regulated corticosteroid betamethasone, a Class C anti-inflammatory that is commonly used in racing. While penalties for a betamethasone usually result in a 10- to 15-day suspension, the stewards’ ruling in the case noted that Baffert had been fined for four medication violations in the 365 days prior to the Derby. One of those violations was for a betamethasone positive in the Baffert-trained Gamine after she finished third in the Sept. 4, 2020, Kentucky Oaks, also at Churchill Downs. Baffert was fined in that instance and Gamine was disqualified. The initial rulings in the Medina Spirt case were released on Monday, and Baffert’s attorneys filed an appeal and a request for a stay that same day. Under Kentucky regulations, the KHRC must issue a decision on a request for a stay within five calendar days of receiving the request.  A spokesperson for the KHRC said on Friday the agency would have no comment beyond the letter signed by Guilfoil.  Alan Foreman, an attorney with wide experience in equine litigation, said that some racing commissions issue blanket stays upon request, while others consider the requests on a case-by-case basis. Kentucky’s commission is known to issue stays on nearly every request, but Foreman said that the publicity surrounding the Baffert case likely changed the factors the commission considered.  “This case has taken on a life of its own,” Foreman said. “The commission has been severely criticized for how long it’s taken to get resolved, whether it’s their fault or not, and there’s obviously a lot of frustration being felt by commission members. I think it’s likely that the commission is taking a stand and saying if Baffert wants a stay, he can go to a court to get it, because he’s not going to get it from us. It’s not a routine case, and it never has been, from day one.”  Darrell Vienna, an equine litigator based in California, said on Friday that the state’s racing commission almost always denies a request for a stay, leaving the decision up to a court. For that reason, the commission usually times a suspension to start well after a ruling is reached so that a licensee can go to a judge for a stay.  “It’s their practice that if they deny a stay, they know that’s not the end of things,” Vienna said.  Baffert’s attorneys have argued that the betamethasone positive was due to the application of a skin ointment containing the drug to treat dermatitis, and the initial hearing to determine a ruling was delayed for months after the attorneys received permission from a court to get a split of the sample tested for the ingredients in the ointment.  That testing confirmed the presence of betamethasone valerate, the attorneys said, but did not confirm the presence of betamethasone acetate, which is the injectable form of the drug. The attorneys have argued that the commission’s regulations regarding the drug apply only to betamethasone acetate, and they have predicted that a civil court will throw the ruling out.   Medina Spirit collapsed and died after a workout at Santa Anita on Dec. 6 of a suspected heart attack, but a necropsy report released two weeks ago was inconclusive on the cause of the death. The report noted that no illegal drugs were found in the horse's body.