CHAD G. MARZEN* Disqualifications in Horse RacinG Introduction ...................................................................................... 547 I. Grounds for Disqualification of Horses ................................ 551 A. Horse EliGibility ............................................................. 552 B. DruG TestinG ................................................................... 557 C. Interference and RidinG Fouls ........................................ 561 D. Miscellaneous Other Grounds ........................................ 565 II. The 2019 Kentucky Derby—An Analysis of West v. Kentucky Horse Racing Commission .................................... 568 Conclusion ........................................................................................ 574 INTRODUCTION he 2019 Kentucky Derby was the 145th runninG1 of the most T venerable event in the “sport of kings,”2 and horse racing observers and sports enthusiasts will likely discuss its controversial outcome for years to come.3 Initially, the winner of the May 4, 2019, race appeared to be Maximum Security—a horse at nine-to-two odds.4 * Associate Professor of LeGal Studies in Business, Florida State University, ColleGe of Business – Department of Risk ManaGement/Insurance, Real Estate, and LeGal Studies. The author can be reached at
[email protected]. The author would like to thank the staff of the Oregon Law Review for the exceptional diligence and care assisting with the editing of this Article. 1 Joe Drape, Country House Wins Kentucky Derby After Maximum Security Is DisqualifieD, N.Y. TIMES (May 4, 2019), https://www.nytimes.com/2019/05/04/sports/ kentucky-derby-live.html [https://perma.cc/674R-QWQY]. 2 Michael Kilian, The Evolution of the Sport of Kings, CHI. TRIB. (May 4, 1988), https://www.chicagotribune.com/news/ct-xpm-1988-05-04-8803140377-story.html [https://perma.cc/R62G-SJJ2] (“In the beGinninG, horse racinG actually was the sport of kings, and the first jockey was himself a king.”). 3 See Drape, supra note 1.