Maximum Security’s Appeal of Kentucky Derby Disqualification Is Denied

Ever since the Derby expanded to a 20-horse field in 1975, America’s most famous horse race has earned a reputation for its bumps and traffic troubles. Its outcome is most often decided by which jockey keeps his horse out of trouble.

“We understand that the Wests are disappointed that the Kentucky Horse Racing Commission stewards disqualified Maximum Security,” said Kevin Flanery, president of Churchill Downs.

“However, the stewards are responsible for regulating and enforcing the rules of racing in the Commonwealth of Kentucky, and we respect and support their decision. The infraction committed by Maximum Security has nothing to do with the number of horses in the race, which has been a consistent number for many years, and there is no evidence to the contrary.”

Before Saturday, an apparent Derby champion had never been disqualified for a foul on the track. A 1968 victory by Dancer’s Image was overturned days later because of a positive drug test, starting a legal battle that lasted four years and ended with Forward Pass as the champion.

Twenty-two minutes after Maximum Security appeared to be the emphatic winner of the 145th Derby, three stewards, horse racing’s version of referees, ruled that when the colt had jumped a puddle he impeded the progress of a rival, War of Will, almost knocking off that colt’s rider, Tyler Gaffalione.

That meant Maximum Security had committed a foul and could not be declared the winner. Instead the runner-up, Country House, a 65-1 long shot, was named the victor. His jockey, Flavien Prat, was one of two who prompted the stewards’ review with a complaint about the rough riding.

Now, West said, he has no reason to run Maximum Security in the Preakness.

“I think there’s no Triple Crown on the line for us,” West said. “And there’s no reason to run a horse back in two weeks if you don’t have to.”

“If the state racing commission refuses to hear about it, I think this is something that’s big enough that the entire racing world is looking at this,” West said. “And I think they deserve an opportunity to really know what was going on.”