A Kentucky circuit court dismisses a lawsuit alleging Hot Rod Charlie was wearing illegal horseshoes while winning the Lukas Classic by a head over Rich Strike.

Jefferson County Circuit Court Judge Annie O’Connell granted the defendants’ motion for dismissal after determining the alleged rule violation fails to warrant a private legal claim. In addition, O’Connell ruled the plaintiffs have not fully pursued relief through the Kentucky Horse Racing and Gaming Corp. (KHRGC), formerly the Kentucky Horse Racing Commission (KHRC).

Rick Dawson, the owner of Rich Strike, claims Hot Rod Charlie was wearing illegal toe grabs when it won the Oct. 1, 2022, Grade 2 Lukas Classic by a head over Rich Strike.

In his lawsuit against Hot Rod Charlie’s owners and trainer, Dawson sought $206,320 in purse money, the value of the race trophy and the “impact of Rich Strike’s syndicate value.” Hot Rod Charlie’s owners are Gainesway Thoroughbreds, Greg Helm’s Roadrunner Racing, Boat Racing and Strauss Brothers Racing. The horse’s trainer is Doug O’Neill.

“Simply because a federal law has been violated does not automatically give a party a private cause of action,” O’Connell wrote. “A private cause of action for the violation of a federal statute does not exist unless the legislature has expressly or impliedly designated that right under that statute. ‘Private rights of action to enforce federal law must be created by Congress.’ ... The Plaintiffs have not shown a private cause of action and, therefore, they have failed to state a claim upon which relief can be granted.”

Farrier Dean Balut says, in accordance with the Horseracing Integrity and Safety Act, he shod Hot Rod Charlie in size 6 Kerckhaert Tradition XTs with the toe grab ground flush with the shoe. The Act regulates horseshoes in Rule 2276. It states:

“(a) Except for full rims 2 millimeters or less from the ground surface of the Horseshoe, traction devices are prohibited on forelimb and hindlimb Horseshoes during racing and training on dirt or synthetic racing tracks.

“(b) Traction devices are prohibited on forelimb and hindlimb Horseshoes during training and racing on the turf.

“(c) Traction devices include but are not limited to rims, toe grabs, bends, jar calks and stickers.”

The Authority announced July 29, 2022, just days before Rule 2276 was to take effect Aug. 1, that it “shall not enforce traction rules for horses racing on dirt surfaces that are shod on hindlimbs with traction devices in the form of either a full outer rim shoe (up to 4 mm in height) or a toe grab (up to 4 mm in height).”

The allegations stemmed from photographs by EquiSport Photos that Dawson and Eric Reed, Rich Strike’s trainer, believed to be evidence that Hot Rod Charlie was wearing horseshoes with toe grabs.

Subsequent investigations by the Kentucky Horse Racing Commission (KHRC) and Sturgill, Turner, Barker & Moloney — on behalf of the Horseracing Integrity and Safety Authority (HISA) — determined that Hot Rod Charlie was shod legally. HISA unanimously accepted the recommendations from the law firm and dismissed the claim.

“[T]he central act surrounding Plaintiffs’ cause of action is the alleged violation of HISA Rule 2276,” O’Connell wrote. “Plaintiffs do not seek to enforce Rule 2276. Rather, they only reference the alleged violation to show a wrongful act in their tortious interference claim. Therefore, this Court finds that Plaintiffs’ common law claim would frustrate the purpose of HISA. For instance, if Plaintiffs were to recover on their claim against the Defendants, based on the finding that they tortiously interfered with an expectancy, any investigation and ruling by HISA as to the violation of Rule 2276 to the contrary would render its power meaningless in the adjudication of regulations for the safety, welfare and integrity of horseracing.

“Any party in the Plaintiffs’ position could simply disregard an unsatisfactory HISA decision and seek recovery in state court for monetary damages,” she continued. “Any party exonerated by HISA, would still risk state civil action and even more disconcerting, being mindful of the HISA’s authority to exercise civil sanctions, any party found liable under the HISA may be subject to further litigation.”

Further, Dawson told Horse Racing Nation in a March 24, 2023, article that he doesn’t intend to seek damages against KHRC or the Horseracing Integrity and Safety Authority. That decision also factored into O’Connell’s finding.

It’s not clear whether Dawson will appeal the decision.