The 1 1/8-mile Preakness is May 18 at Pimlico Race Course.
Maximum Security owner Gary West is appealing Saturday's shocking Kentucky Derby ruling, where his horse was disqualified after finishing the race in first place.
"I think there's no Triple Crown on the line for us and there's no reason to run a horse back in two weeks when you don't have to", he said.
Retired Hall of Fame jockey Jerry Bailey went on to say that there were some potentially unavoidable factors: horses are thousand-pound animals with minds of their own.
Though he crossed the line 1 3/4 lengths ahead of his nearest rival in the Run for the Roses, Maximum Security was disqualified to seventeenth due to interference with three other horses. After an objection by two riders, racing stewards ruled that the colt swerved out and impeded the path of several horses between the far and final turns.
West ripped into Churchill Downs, calling it a "greedy organization", and claimed that the high number of horses competing is what caused Maximum Security's bump that lead to his horse's disqualification and long-shot horse Country House's freakish victory. West adds that his horse will not run in the Preakness, now that the possibility of a Triple Crown is off the table.
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It was the first time in 145 years that the horse who finished first was disqualified from winning the Kentucky Derby based on disqualification from the stewards.
The appeal will be filed with the state racing commission in Kentucky.
"We didn't really have any alternative legally, the appeal has to be filed within 48 hours", West said.
According to the Lexington Herald-Leader's John Clay, Bodexpress (13th in the Kentucky Derby) is expected to run in the Preakness, and War of Will (bumped up to seventh in the Kentucky Derby after the Maximum Security decision) could also be there. The decision paid off, as Spend a Buck won the Jersey Derby nine days after the Preakness and took home $2.6 million in total prize money, at the time the largest single purse in US horse racing history (a Preakness win was only worth about $300,000 at the time).
Jockey Flavien Prat celebrates after the Kentucky Derby aboard Country House at Churchill Downs, May 4, 2019 in Louisville, Ky. "They've been about as non-transparent about this whole thing as anything I've ever seen in my life".
What's next for Country House after the Kentucky Derby?
West blames Churchill Downs, which hosts the race, for allowing 20 horses because it is "greedy".
A scary spill for a filly and jockey opened Friday's Kentucky Oaks for fillies, and victor Serengeti Empress won her first start since pulling up in her previous race because of external bleeding.