Umarov Granted Stay in 10-Year Suspension

A Kentucky court has ruled that trainer Otabek Umarov can have a stay of suspension in his 10-year banishment by the Kentucky Horse Racing Commission (KHRC) for allegedly violating out-of-competition testing rules and possessing hypodermic needles.

The Franklin Circuit Court clerk's office confirmed via phone late Thursday afternoon that a restraining order had been granted in response to a complaint filed by Umarov, but the clerk did not have immediate access to the case file to share a copy of the ruling with the TDN.

Earlier in the day, The Blood-Horse reported that Judge Phillip Shepherd ruled that Umarov can continue to train horses until his case is adjudicated via the appeals process or until the court rules otherwise on a motion for a temporary injunction. But the article further reported that in a separate action brought by Churchill Downs (and not the KHRC), Umarov has been banned from the Louisville track. Thursday's ruling affects only the status of his licensure, and not Umarov's privilege of accessing Churchill's private property.

According to Daily Racing Form, Umarov's KHRC suspension stems from his alleged refusal to allow out-of-competition testing on one of his Churchill-based horses in April, then ordering a stable worker to covertly remove that horse from the grounds. As part of the investigation, commission employees allegedly also found four loaded syringes in a search of Umarov's vehicle. The KHRC has since denied Umarov's requests for stays of the suspension and his $10,000 fine.

According to a portion of the judge's ruling quoted in the Form, “The court finds that imposition of the penalty prior to completion of the administrative appeal process would inflict immediate and irreparable injury on the plaintiff, and that the balance of the equities and the public interest support the right of the plaintiff to complete his due-process appeal rights before being subjected to the hardship of losing his ability to earn a living through his licensed activities.”