Your Ad Here: Jockeys Go to Court

A federal judge has scheduled a hearing Monday after lawyers for five jockeys filed a complaint against the Kentucky Horse Racing Authority, which has said that the riders would be violating a state regulation if they wore advertising on their pants at next Saturday’s Kentucky Derby.

Responding to the authority’s directive, Churchill Downs has notified the jockeys that they risk eviction from the track if they become walking and riding billboards. Ron Sheffer, a lawyer for the jockeys, said, however, that his complaint in U.S. District Court did not mention Churchill because the track “is working with us on this.”

A spokesman for the Jockeys’ Guild, Albert Fiss, said that Churchill was caught between the racing authority and the jockeys’ desire to wear the ads.

Monday’s hearing will be officiated by Judge John Heyburn.

“We’re seeking injunctive relief,” Sheffer said. “The state’s rule is vague and ambiguous. It says something about the tradition of the turf. What exactly does that mean?”

Bill Emrick, an attorney for the authority, and other authority officials could not be reached for comment.

The racing authority and Churchill Downs took action this week when the five jockeys notified the track that they planned to wear advertising on their pants -- and perhaps caps with advertising logos for interviews -- at the Derby. The jockeys, some of the best in the country, are Jerry Bailey, Jose Santos, Alex Solis, John Velazquez and Shane Sellers. All have Derby mounts.

“What if they throw 20 of us [the most that can ride in the Derby] out of the racetrack?” Sellers was quoted by Bloomberg News. “I doubt anybody’s ever seen 20 horses come out of the gate for the Kentucky Derby with no riders on them.”

Bailey, Santos and Gary Stevens wore sponsors’ logos on their pants at last year’s Belmont Stakes, although Visa, the sponsor of the Triple Crown races, was unhappy. California racing rules allow jockey advertising with the approval of state stewards, but the Breeders’ Cup, in cooperation with the California Horse Racing Board, banned such advertising for its races at Santa Anita in October.

The Kentucky rule reads: “Advertising, promotional or cartoon symbols, or wording which, in the opinion of the commission, is not in keeping with the traditions of the turf, is prohibited.”

The five jockeys who want to advertise at the Derby are represented by Equisponse, a New York advertising firm. One of the advertisers is believed to be Wrangler jeans. Bailey has been linked with Wrangler.

“Visa has said no to what we want to do,” said Kelly Wietsma, president of Equisponse. “The rule they’re trying to enforce in Kentucky has all kinds of holes in it. There’s a double standard at work between Churchill’s advertisers and our advertisers. The jockeys are being treated like second-class citizens.”

Julie Koenig Loignon, a spokeswoman for Churchill Downs, said that the track was obliged to protect Visa’s sponsorship rights.

Sheffer said that the jockeys’ first-amendment rights were being violated. At last year’s Derby, 14 of the 16 riders were fined $500 apiece for wearing the Jockeys’ Guild logo on their pants.

Earlier this month, three jockeys -- Sellers, Robby Albarado and Brian Peck -- filed suit in federal court over their right to wear the guild logo, and Friday filed a motion asking that that they be allowed to wear the guild patches in the Derby. A hearing on that motion also is scheduled Monday before Judge Heyburn. Peck does not have a mount in the Derby.

*

Associated Press contributed to this report.