I was skeptical when the Kentucky Horse Racing Commission drafted “emergency” rules authorizing out-of-competition drug testing prior to the Breeders’ Cup at Churchill Downs, even more so when the rules committee suggested that the policy be made permanent. Pre-race and post-race drug testing are essential to the integrity of racing and the welfare of the horses but giving testing veterinarians virtually unlimited access to horses in training away from Kentucky tracks seemed unreasonably intrusive and a jurisdictional nightmare.

I’ve never bought into the government’s rationale that you shouldn’t complain about having your rights trampled unless you have something to hide in the first place. Think about airline security procedures that have escalated from merely annoying to ridiculous, procedures that treat air passengers as if we all have explosives tucked away in our shoes or underwear but that never have managed to actually nab a terrorist. Justified or not, it is easy to see why owners and trainers might object to testers showing up at an out-of-state farm or training facility to test a horse which is merely “eligible” to race in Kentucky