LOUISVILLE, Ky. (AP) Jockeys can wear advertising patches during the Kentucky Derby, a judge ruled Thursday.
U.S. District Judge John Heyburn II's decision two days before the country's premier horse race applies only to seven jockeys who sued, including Jerry Bailey, Alex Solis, Jose Santos, and John Velazquez.
But the state agency that regulates horse racing said it would apply the judge's findings throughout the sport, allowing all jockeys to wear advertising.
The jockeys cited the First Amendment in successfully asking that the judge grant a preliminary injunction to block enforcement of a state rule that bars jockeys from wearing advertising, promotional or cartoon symbols during races.
The judge said the free-speech rights of jockeys outweighed other concerns. ''Once lost in a crucial moment, the First Amendment right, even as to commercial speech, is difficult to recapture,'' Heyburn wrote in the ruling.
The jockeys issued a statement later saying the ads would be tasteful.
''We are very sensitive to the traditions of our sport, and our goal is not to offend anyone,'' said Bailey, a two-time Derby winner who will ride Wimbledon on Saturday.
''Jockeys work very hard and risk our lives on a daily basis. We have earned the right to make additional income,'' he said.
Ronald Sheffer, a lawyer for the jockeys, said they sought the same choices available to other professional athletes.
''They certainly ought to have the same rights as golfers and tennis players,'' he said. ''There was no reason really to deny them that right.''
In a separate case, Heyburn ruled that jockeys can wear a patch with the name of their union, the 1,100-member Jockeys' Guild. That ruling applies to all jockeys riding in Kentucky.
Attorneys for the Kentucky Horse Racing Authority, the state agency that regulates the sport, argued during a two-day hearing that letting jockeys wear ads could lead to corruption. They also argued that the presence of ads or other patches could hamper racing officials' ability to determine a winner in a tight finish, or whether a foul was committed.
In light of the judge's ruling, the agency said it would allow all jockeys racing in Kentucky to wear advertising.
William Street, chairman of the state horse racing authority, said the decision to wear ads should not be left to jockeys alone. ''The horse's owner, who pays all bills, should be an active participant in the decision-making process,'' he said.
Other states, such as New York, California and Florida, let jockeys wear ads and the guild patch.
The jockeys pointed out that advertising is abundant at Churchill Downs during Derby Week, down to the goldenrod saddlecloths worn by the horses.
Track officials said in a statement that they would continue to prohibit patches that promote some gambling companies or companies that compete with existing track sponsors.
Ads could be lucrative for jockeys. Bailey and Shane Sellers, who will be aboard favorite The Cliff's Edge in the Derby, said corporate sponsors offered them up to $30,000 to wear a logo during the race.
Jockey Pat Day, not part of either lawsuit, said before the ruling that the case could have a major impact on the sport.
''The industry is going through some dramatic changes,'' said Day, Churchill Downs' winningest rider. ''It would be nice to stick with tradition, but we also have to do what's best for the game and for the longevity of the game.''
U.S. District Judge John Heyburn II's decision two days before the country's premier horse race applies only to seven jockeys who sued, including Jerry Bailey, Alex Solis, Jose Santos, and John Velazquez.
But the state agency that regulates horse racing said it would apply the judge's findings throughout the sport, allowing all jockeys to wear advertising.
The jockeys cited the First Amendment in successfully asking that the judge grant a preliminary injunction to block enforcement of a state rule that bars jockeys from wearing advertising, promotional or cartoon symbols during races.
The judge said the free-speech rights of jockeys outweighed other concerns. ''Once lost in a crucial moment, the First Amendment right, even as to commercial speech, is difficult to recapture,'' Heyburn wrote in the ruling.
The jockeys issued a statement later saying the ads would be tasteful.
''We are very sensitive to the traditions of our sport, and our goal is not to offend anyone,'' said Bailey, a two-time Derby winner who will ride Wimbledon on Saturday.
''Jockeys work very hard and risk our lives on a daily basis. We have earned the right to make additional income,'' he said.
Ronald Sheffer, a lawyer for the jockeys, said they sought the same choices available to other professional athletes.
''They certainly ought to have the same rights as golfers and tennis players,'' he said. ''There was no reason really to deny them that right.''
In a separate case, Heyburn ruled that jockeys can wear a patch with the name of their union, the 1,100-member Jockeys' Guild. That ruling applies to all jockeys riding in Kentucky.
Attorneys for the Kentucky Horse Racing Authority, the state agency that regulates the sport, argued during a two-day hearing that letting jockeys wear ads could lead to corruption. They also argued that the presence of ads or other patches could hamper racing officials' ability to determine a winner in a tight finish, or whether a foul was committed.
In light of the judge's ruling, the agency said it would allow all jockeys racing in Kentucky to wear advertising.
William Street, chairman of the state horse racing authority, said the decision to wear ads should not be left to jockeys alone. ''The horse's owner, who pays all bills, should be an active participant in the decision-making process,'' he said.
Other states, such as New York, California and Florida, let jockeys wear ads and the guild patch.
The jockeys pointed out that advertising is abundant at Churchill Downs during Derby Week, down to the goldenrod saddlecloths worn by the horses.
Track officials said in a statement that they would continue to prohibit patches that promote some gambling companies or companies that compete with existing track sponsors.
Ads could be lucrative for jockeys. Bailey and Shane Sellers, who will be aboard favorite The Cliff's Edge in the Derby, said corporate sponsors offered them up to $30,000 to wear a logo during the race.
Jockey Pat Day, not part of either lawsuit, said before the ruling that the case could have a major impact on the sport.
''The industry is going through some dramatic changes,'' said Day, Churchill Downs' winningest rider. ''It would be nice to stick with tradition, but we also have to do what's best for the game and for the longevity of the game.''
