Jerry Jamgotchian, a California-based owner, said on Tuesday that he
will file a lawsuit challenging the so-called “jail time” rule in
Kentucky – restricting horses from starting at tracks other than where
they were claimed – after a horse he claimed recently at Churchill Downs
was denied entry at Penn National in Pennsylvania.
Jamgotchian said he will file the suit in U.S. District Court in
Kentucky against the Kentucky Horse Racing Commission, Churchill Downs,
and Penn National seeking to have the jail-time rule struck down.
Jamgotchian was successful in a similar lawsuit he filed two years ago
in California challenging that state’s jail-time rules as a violation of
the Interstate Commerce clause of the U.S. Constitution.
“My position as an owner is that my horses are my property, and under
the Constitution we can race them wherever we like,” Jamgotchian said.