Maximum Security's owners to appeal lawsuit dismissal

Maximum Security was disqualified from the Kentucky Derby for interference. (AP Photo/Julio Cortez)
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LEXINGTON, Ky. (WKYT) - The owner of Maximum Security is moving forward to appeal the dismissal of a lawsuit against the Kentucky Horse Racing Commission.

West argues the ruling "puts Kentucky's stewards above the law."

U.S. District Judge Karen K. Caldwell made the ruling last week.

"Kentucky's regulations make clear that the disqualification is not subject to judicial review," wrote Judge Caldwell.

Racing stewards ruled the thoroughbred swerved out of his lane during the Derby, impeding the path of several horses in the final turn of the race.

Although Maximum Security was the first horse to cross the finish line, he was disqualified, and Country House was named the winner of the Kentucky Derby.

"The transparency and reviewability of decisions by stewards [are] essential to the integrity of racing in America and is critical to the public’s confidence in the sport," said West in a statement.

West argues the decision affects millions of people and billions of dollars and, as it stands, would go unreviewed by any court.

"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," said West.

In the dismissal of the lawsuit, the judge also argued the Wests did not elaborate on how the Kentucky Horse Racing Commission violated their constitutional rights; instead, they recited a statute. They claimed other regulations were too vague without giving enough evidence for the court to decide otherwise.

You can read West's full statement below.

Statement From Gary West Regarding Court's Dismissal of Maximum Security Lawsuit by WKYT on Scribd

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