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FROM: Tom Luicci

Media Liaison
Cell: 973-951-3924



The Court’s decision holding that disqualification decisions by Kentucky’s

stewards are never “subject to judicial or any kind of review” literally puts
Kentucky’s stewards above the law.

Stewards’ decisions are of momentous financial and intangible importance to

owners, breeders, trainers, jockeys, and the betting public. The transparency and
reviewability of decisions by stewards is essential to the integrity of racing in
America and is critical to the public’s confidence in the sport. Sadly, the Court’s
Opinion allows secret deliberations by Kentucky’s stewards that affect millions of
people and billions of dollars to forever go unreviewable by any court; indeed, by
anyone, no matter how negligent, reckless or nefarious such secretly-made
decisions may be.

The opportunities for abuses under such a bizarre and un-American system are
self-evident. This is an outrageous state of affairs that does irreparable damage to
the “trust” in the sport of thoroughbred racing in Kentucky.

As important as it is to me to have a court review the stewards’ disqualification of

Maximum Security, this case has now become much bigger than that. It’s now a
case about Due Process and the fundamental fairness of how racing is conducted in
Kentucky. The secret and unreviewable actions by state actors that have been
authorized by the Court’s Opinion are the way things are done under totalitarian
regimes in third world countries. The Kentucky State Racing Commission should
be ashamed to have created a “rule” like this; it is no wonder most people routinely
question stewards’ rulings on disqualifications. I, and nearly everyone, have been
operating under the belief that in America “Due Process” was an inalienable right.
But that is simply not true in Kentucky racing.

I cannot and will not allow such a dangerous precedent to stand unchallenged. I
have, therefore, authorized my attorneys to immediately appeal.

Gary West