Trainer Kenny McPeek is seeking a hearing with the New York State Gaming Commission over its ruling to deny the taking of entries for any of the horses involved in the recent barn quarantine until Sunday, BloodHorse reported.
The rule prevented those horses from racing the until the Friday's card, which was drawn Sunday.
The 21-day quarantine was imposed after a filly in Jorge Abreu's barn tested positive for Equine Herpesvirus-1. McPeek has 30 horses in that barn. No other positive cases were detected, and the quarantine was lifted on Sunday.
McPeek tried to enter one horse for Sunday's card last Thursday, three last Friday for the Wednesday card, and three on Saturday for the Thursday program, according to the report. Those entries were denied by state's Gaming Commission steward Braulio Baeza Jr., who said entries for those horses could not be accepted until Sunday.
McPeek and attorney Andrew Mollica contend that it was not made clear that entries could not be accepted until Sunday, according to the report. They say it is "illogical" and "nonsensical" to deny horses the right to race on the same day they were cleared to rejoin the equine community and resume working out.
"I am doing this so that the next time this happens, trainers and owners will not have to go through another situation like this where there are an extra three to five days when their horses cannot run because there is no clarity in New York. I don't want to see anyone else go through this," McPeek told BloodHorse. "Officials need to address some standard operating procedures and protocols for everyone that make sense. To keep horses who have cleared quarantine from not running is nonsensical."