I know very little about horse racing, other than that the horses go around the track. But I was interested to learn that Kentucky Derby jockeys had to sue to win the right to wear advertising.
I had thought the Kentucky Derby was a private, rather than a public enterprise. So I’m not sure why the state is regulating jockey attire in the first place. But I was a bit amused by a legal argument made by state regulators:
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.
Advertising patches would make it difficult to determine who won the race? Does that pass the straight face test? Don’t they have cameras to figure out who won if there’s a tight finish?
It’s not too surprising that the state lost.