Reed, however, obtained a court order in New Mexico to prevent enforcement of that suspension until his appeals could be heard, Hayes said.
Demorphin is a supercharged painkiller that is drawn from a type of South American frog and is said to be 40 times more powerful then morphine.
According to a story in The New York Times last summer, 35 horses in four states (Oklahoma, Texas, New Mexico and Louisiana) have tested positive for Demorphin.
Hayes questions the validity of the testing for the drug.
“It's not been subject to peer review,” he said.
Broberg was barred by Remington Park because he was denied privileges of “The American Stud Book” for one year because of past medication violations, according to the lawsuit.
The book, maintained by The Jockey Club, is a database that ensures correct pedigree and identification of thoroughbred horses.
Hayes accuses Remington Park of overstepping its authority in barring the trainers from the racetrack before they have been given an opportunity to clear their names.
In its response to the lawsuit filed in Oklahoma County District Court, Remington Park claims it has authority to deny access to trainers “who have been suspended by other entities or who have unresolved positive tests for certain banned, performance-enhancing substances ... That is an eminently rational decision.”
Kym Koch Thompson, spokesperson for Remington Park, said Tuesday that the racetrack clearly communicates to all horse owners that it reserves the right to deny access to anyone to run at the track for any reason, except those which are expressly prohibited by law.
“Our decisions to deny access are on a case-by-case basis,” she said.