(Bob Baffert and Medina Spirit / Photos by Holly M. Smith)

Every so often, we will be addressing a few things: comments, decisions, people, whatever that – for one reason or another – should be tossed into the literary “muck pit.”

It is in the spirit of cleanliness, recycling, and protecting the environment that we offer this service of “addressing the muck” – free of charge. After all, someone has to do it, right?

Here’s our 30-something version of “The Muck Pit:”

Laws Matter…

It never ceases to amaze me that people opine — in public, no less — on matters that they simply have no clue about. They ramble on, and on, and on. They rail on, and on, and on. They bash. They trash. They clash. They pontificate. They preach. They allege. They gnash of teeth.

And, yet…

The very premise of their entire argument is simply not true.

The foundation of the rant is flawed.

The entire tirade is based on myth.

Sad. It just makes you stop and shake your head.

Seriously?

How does anyone take this person seriously, if you know the facts.

But it seems these days that facts are not nearly as significant as they used to be when developing and/or expressing one’s thoughts. They just seem to get in the way when people want to rant and rave. Those pesky little things called facts just seem to get pushed into a dark closet. After all, someone has an opinion and wants to express it.

Right?

Well, it should be wrong.

Such the case today when Ron Flatter, whomever that may be, opined on the “HorseRacingNation” website about the Kentucky Horse Racing Commission and how it has not lived up to its’ “transparency claim.”

For many words and sentences, Flatter rails about how the Kentucky Racing Commission has failed everyone south of God by not commenting publicly on the on-going investigation of the 2021 Kentucky Derby; the star-crossed Medina Spirit; and his embattled trainer Bob Baffert.

Flatter calls out the Kentucky Horse Racing Commission’s Chairman, Jon Rabinowitz, for not disclosing what occurred at the recent disciplinary hearing of the Kentucky Stewards and the testimony that was admitted into the record.

Flatter questions the integrity of all those that serve on the oversight Board for not conducting each and every interview, discussion, point and counter-point moment in full view of TV cameras and public defenders or skeptics.

Flatter wrote:

“If Mr. Rabinowitz and his 22 fellow commissioners really are “committed to transparency,” why wait? First, admit out loud that Monday’s hearing about the late Medina Spirit really happened. Second, since it was a Zoom meeting, how difficult could it be to release a recording of it? It would cost next to nothing and can be done in the twinkle of an eye.”

And, on the face, you would seem to be inclined to agree with Mr. Flatter.

Right?

After all, who is not in favor of more transparency in matters such as these?

After all, who doesn’t want to watch the testimony of both friends and foes in matters of controversy and possible violation.

After all, who doesn’t wish that we could see any and all of the evidence that is presented by both prosecutor and defense so that we all can make our own independent decision as to either guilt or innocence.

After all, full public disclosure and open debate is what built this country. Correct?

Mr. Flatter is for those things. I’m for those things, too. We all should be for those things when it comes to these types of things.

But guess what?

Mr. Flatter either intentionally ignores; doesn’t care; doesn’t know; or failed to investigate the law and regulations thereof in Kentucky — as they exist today — and how they relate to, pertain to, and control those that find themselves as the initial arbiters in this matter. This case will most assuredly become, again, a very legal matter before the courts. But screw the law?

Mr. Flatter wants the Kentucky Racing Commission; its’ Chairman, who just so happens to be a very distinguished attorney in his own right; its’ individual members; its’ employees and Stewards; and all others under its’ umbrella to simply ignore the law and regulations thereof. Forget the damn law?

And, Mr. Flatter apparently wants you to agree with him that it is high time for complete anarchy; burn the book of law in the center of town; and take over the decision-making power and order into our own hands of vigilante justice. Screw what the law and regulations thereof  mandate?

Guess what, Mr. Flatter.

It doesn’t work that way. Not here. Not in this country. Not in this place.

You may want to burn the law. You may want to tear it down and start over. You may want to criticize and complain about its’ constraints on you and all our collective rights to know.

You may even be right if you based your critical remarks simply about the law. Just the law.

In fact, once this awful, sickening and disgusting ordeal is finally over, I am happy to donate my time to changing this law and regulation that is so restrictive, and, actually, contradictory.

For 30 years, I worked helping write, develop, lobby for and pass laws in Frankfort, KY. For most of those years, many of them applied to the horse industry, and, in particular, the Thoroughbred industry. I didn’t have anything to do with this one, but I am happy to work on changing it. For the next time. For, most assuredly too, there will be a next time.

And, guess what, too? I think the Kentucky Horse Racing Commission will put its’ full weight of support behind a change to that very law and regulation. I’m willing to bet on it, in fact.

But for now, it is the law. It is the regulation.

No matter how much you or I would like to change it, we cannot. No matter how much the Chairman and the members of the KHRC would like to change it, they cannot. No matter what the Stewards would like to do, they cannot change it either.

Those who are sworn, by oath, to uphold it? They have no other option. There is no other recourse. There is no other way.

If you want to bash the law?

Go for it, Mr. Flatter. You have every right.

You may be right.

I may even join in the chorus and applaud from the side stage.

But…

If you want to bash those sworn to uphold the current law simply because you don’t think it is right? If you want to publicly attack their character and professionalism?

Shame on you, Mr. Flatter. You are wrong. Dead wrong.

To perpetuate that thought? To spread the idea that this Commission or any one of its’ members could have done something different; could have chosen something else; could have simply ignored the law and regulations and done what they wanted because that would make you happy?

That is irresponsible, unprofessional and typical of some so-called journalists these days.

Shame on you, Mr. Flatter. You are wrong. Dead wrong.

In this case, make absolutely no mistake. If this Kentucky Horse Racing Commission and those who are sworn to represent it; and those hired to carry out its’ work had ever violated either the spirit or the word of these very laws?

The first (and second) persons to cry foul to the Courts that will, undoubtedly, get to hear this case in the future, would be the attorneys hired to represent the accused. They would have contended that their client’s rights were violated and compromised. They would have argued that the Court had no other option than to toss the case out.

So, if you want to opine about the on-going situation in Kentucky as it relates to the 2021 Kentucky Derby?

Why don’t you do your research? Why don’t you learn the facts? Why don’t you incite the public as to whom and what is truly at fault here.

In this case, that is not the Kentucky Horse Racing Commission.

In this case, that is not the Chairman of the Kentucky Horse Racing Commission.

In this case, there is only one person at fault for this situation to begin with, and why we are still sitting here today.

Got any idea, Mr. Flatter, who that may be?