by John Pawlak, the U.S. Trotting Association

Columbus, OH — A judge in the Franklin County (Ky.) Circuit Court has ruled against a lawsuit brought against the Kentucky Harness Racing Authority by Daniel Waxman, who owned Loyal Opposition when she won the $80,000 Allerage Filly Pace at the Red Mile.

The champion mare tested positive for flunixin, an analgesic, following that victory on Oct. 8, 2005. The Authority disqualified the Erv Miller trainee and ordered that the $40,000 winner’s share of the purse be redistributed.

Waxman based his legal appeal on two arguments. He claimed that the ruling was subject to judicial review and that the regulations by which the Authority made its ruling were unconstitutional.

The Circuit Court found that the Authority acted within its authority in issuing its finding of fact, and that the regulations were constitutional, and said in its conclusion that “there can be no question that there is substantial evidence that supports the decision of the Authority.”

Waxman will have the opportunity to appeal the decision.

To read the Court’s complete ruling, click here.