Sports

Dutrow’s 10-year ban upheld by New York court

Just one day before Saratoga racing meets kicks into high gear, the Appellate Division of the New York State Supreme Court has upheld the 10-year revocation of Rick Dutrow’s training license by a unanimous vote. The Appellate Court stated that the State’s Racing and Wagering Board’s revocation of Dutrow’s license was legally justified and was based on a claim that he “engaged in conduct that was improper and inconsistent with the public interest and the best interests of racing.”

The Racing and Wagering Board released a statement that said, “While a court-ordered stay of the board’s action is in effect until Mr. Dutrow exhausts his remaining legal options, the board is pleased with the court’s decision.”

Dutrow had originally been given a 90-day suspension for a drug positive after officials found the painkiller butorphanol in a urine sample from Fastus Cactus, the last place finisher in a race on Nov. 20, 2010, at Aqueduct. After a subsequent search of his barn Dutrow was found to be in possession of hypodermic needles and the suspension was increased by the New York State Racing and Wagering Board to a full revocation of Dutrow’s license. Dutrow appealed the decision while continuing to train and race horses from his Aqueduct based barn.

Dutrow plans to take his case to the Court of Appeals, but the court has the right to decide whether or not to hear the case. According to sources, the stay Dutrow obtained last year to delay the revocation will remain in effect until his case is heard. Dutrow, who has three horses scheduled to start on opening day, will most likely continue to race for the remainder of the Saratoga meet.

Dutrow’s license had been revoked last year with the condition that he could re-apply in 10 years and was fined $50,000 for a pattern of abusing various rules violations.

The NYSR&WB upgraded the penalty to a full revocation of Dutrow’s license, stating that the 53 year-old trainer is a “person whose conduct at racetracks in New York State and elsewhere has been improper, obnoxious, unbecoming, and detrimental to the best interests of racing.”

Dutrow responded and maintained his innocence saying racing board chairman John Sabini had been improperly influenced in his decision by Ed Martin, the president of the Association of Racing Commissioners International. Martin is the former executive director of the New York racing agency.

The allegation of an unfair hearing was rejected by the appeals court and it defended the racing board on their actions towards the drug positive found with Fastus Cactus.