Maximum Security Wasn’t the First Horse Disqualified in the Kentucky Derby Richard J. Garfunkel May 6, 2019

Some of the old-timers, who were familiar with Boston in the post war era, knew of Peter Fuller, the dynamic owner of Dancer’s Image. He was a great boxing enthusiast, the son of the former famous Massachusetts’s Governor, Alvin T. Fuller and the owner of the large Cadillac Agency on Commonwealth Avenue, in Back Bay, Boston, which is now owned by Boston University. Governor Fuller, also had a wonderful summer estate in North Hampton, New Hampshire. The mansion is gone, but the wonderful still gardens remain. We were there a number of years ago!

Fuller loved horses, and he owned Dancer’s Image, a gray horse trained by Lou Cavalaris Jr. and ridden in the Derby by the great jockey Bobby Ussery. Dancer’s Image’s father was Native Dancer, who won the Preakness Stakes, the Belmont Stakes, and was voted the United States Horse of the Year for 1954 and who, in turn, was a son of the 1945 Preakness Stakes winner, Polynesian. Native Dancer, was unquestionably, one of the greatest thoroughbreds ever to run. He was only beaten once in the Kentucky Derby and had a most (if not the greatest post WWII record) remarkable career at stud.

Dancer’s Image was plagued by sore ankles during his career. On the Sunday prior to the 1968 Kentucky Derby, his handlers had a veterinarian give him a dose of phenylbutazone, a nonsteroidal anti-inflammatory drug (NSAID) commonly used to relieve inflammation of the joints. At the time, it was illegal for phenylbutazone to be in a horse’s system on race day at Churchill Downs; however, Dancer’s Image’s veterinarian and handlers believed the medication would clear his system in time for the Derby.

On Saturday, May 4, Dancer’s Image won the Kentucky Derby, but was disqualified after traces of phenylbutazone were discovered in the mandatory post-race urinalysis. The disqualification was announced on Tuesday,

Three days after the horse surged from 14 lengths back, weaving through 13 rivals, to win by a length and a half, Churchill Downs ruled that his owner must return the winner’s purse of $122,600. The painkiller Phenylbutazone had been found in the horse’s urine, at a time when Kentucky banned its use on race days. It was the first and only time that a winner has been disqualified from America’s premier horse race.

The story quickly became bigger than even that. Mr. Fuller, a New Englander, and others maintained that he had been singled out for punishment by resentful white Southerners over his support for civil rights. He had recently donated a Dancer’s Image winner’s purse of $77,415 to Coretta Scott King, the widow of the Rev. Dr. Martin Luther King Jr., who had been assassinated a month earlier. The year before, Dr. King had disrupted Derby events by demonstrating against housing discrimination in Louisville, the home of Churchill Downs. Mr. Fuller received death threats, Dancer’s Image was derided with a racial epithet around Louisville, and one of the Fuller stables was set on fire. Sports Illustrated termed the episode the year’s biggest sports story.

Dancer’s Image ran in the 1968 Preakness Stakes, finishing third to Forward Pass. However, he was disqualified again and set back to eighth place, this time for bumping the horse Martins Jig. Continued ankle problems resulted in Dancer’s Image being retired after the race.

Fuller and the horse’s handlers filed an appeal of the disqualification, as they believed someone else may have been motivated to give the colt another dose of phenylbutazone. The Kentucky State Racing Commission examined the matter and ordered distribution of the purse with first money to Forward Pass. Fuller took legal action, and in December 1970 a Kentucky Court awarded first-place money to Dancer’s Image. That decision was overturned on appeal in April 1972 by Kentucky’s highest court in Kentucky State Racing Comm’n v. Fuller, 481 S.W.2d 298 (Ky. 1972).

Controversy and speculation still surround the incident, and in 2008 The New York Times called it “the most controversial Kentucky Derby ever”. Forty years after the disqualification, owner Peter Fuller still believed he was a victim of a set-up, due to his being a wealthy civil rights sympathizer from Boston who offended the Kentucky racing aristocracy by donating Dancer’s Image’s $62,000 prize for a previous victory to Coretta Scott King two days after her husband’s murder. Fuller said he had anticipated that someone might interfere with his colt and asked Churchill Downs officials to provide extra security before the race, but they denied the request. As of 2008, the Churchill Downs media guide for the Derby still included the official chart showing Dancer’s Image as the winner.

Legalized in 1974 by the Kentucky Racing Commission, phenylbutazone was so commonly used by 1986 that thirteen of the sixteen entrants in that year’s Kentucky Derby were running on the medication.

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A lifelong New Yorker, who now lives full-time in Palm Beach County, Richard was raised in Mount Vernon, New York and he was educated in the Mount Vernon public schools He graduated from Boston University with a BA in American History. After spending a year on Wall Street as a research analyst with Bache & Co., he joined a manufacturing and importing firm, where over the next twenty-five years he rose to the position of chief operating officer. After the sale of that business, Richard entered into the financial services field with Metropolitan Life and is a Registered Representative, who has been associated with Acorn Financial Services which is affiliated with John Hancock Life Insurance Company of Boston, Ma. Today, he is a retired broker who had specialized in long-term care insurance and financial planning. One of Richard’s recent activities was to advise and encourage communities to seek ways to incorporate “sustainability and resiliency” into their future infrastructure planning. After a lifetime in politics, with many years working as a district leader, which involved party organizational work, campaign chair activity and numerous other political tasks, Richard has been involved with numerous civic and social causes. In recent years, Richard served in 2005 as the campaign coordinator of the Re-Elect Paul Feiner Campaign in Greenburgh, NY and he again chaired Supervisor Feiner’s successful landslide victory in 2007. Over the next few years, he advised a number of political candidates. He has served as an appointed Deputy Supervisor of the Town of Greenburgh, with responsibilities regarding the town’s “liaison program.” He was a member of the Parks and Recreation Advisory Board of the Town of Greenburgh, NY. Richard has lectured on FDR, The New Deal and 20th century American history in the Mount Vernon schools, at the Westchester Council of Social Studies annual conference in White Plains, and at many senior citizen groups, which include appearances at the Old Guard of White Plains, the Rotary Clubs of Elmsford and White Plains, and various synagogue groups around Westchester. In the winter of 2006 Richard was the leader of the VOCAL forum, sponsored by the Westchester County Office of Aging, which addresses the concerns of Westchester County’s Intergenerational Advocacy Educational Speak-out forums for senior citizens. Richard has given lectures for the Active Retirement Project, which is co-sponsored by the Jewish Community Center on the Hudson, the Greenburgh Hebrew Center, and other groups around Westchester County. Richard also is the founder and Chairperson of the Jon Breen Memorial Fund, that judges and grants annual prizes to students at Mount Vernon High School who submit essays on public policy themes. He also sponsors the Henry M. Littlefield History Prize for the leading MVHS history student. Richard serves on the Student College Scholarship Committee of Mount Vernon High School. In past years Richard chaired and moderated the Jon Breen Fund Award’s cablecast program with the Mayor and local and school officials. Richard has been a member of Blythedale Children’s Hospital’s Planned Giving Professional Advisory Board, and was a founding member of the committee to re-new the FDR Birthday Balls of the 1930’s and 1940’s with the March of Dimes’ effort to eliminate birth defects. Their renewal dinner was held at Hyde Park on January 30, 2003. Richard is currently an active contributor to the Roosevelt Institute, which is involved in many pursuits which included the opening of the Henry A. Wallace Center at Hyde Park, and the Eleanor Roosevelt – Val-Kill Foundation. In 2007, he proposed to the City of Mount Vernon an effort to develop an arts, educational, and cultural center as part of a downtown re-development effort. Richard was a team partner with the Infrastructure & Energy Solutions Group. IEFG which has developed innovative strategies for the 21st Century. Richard hosted a weekly program on WVOX-1460 AM radio, called “The Advocates,” which was concerned with “public policy” issues. The show, which was aired from 2007 until May 15, 2013, has had amongst its guests; Representative Charles Rangel, Chairperson of the House Ways and Means Committee, Mr. Jonathan Alter of Newsweek, along with hundreds of others. All the 300 shows are archived at http://advocates-wvox.com. Richard currently gives lectures on Franklin and Eleanor Roosevelt, FDR and the Jewish Community, The New Deal, FDR and Douglas MacArthur, 20th Century American Foreign Policy Resulting in Conflict, and Israel’s Right to Exist. Richard lives in Boynton Beach, Fl, with his wife Linda of 44 years. They have two married children. Their daughter Dana is a Rutgers College graduate, with a MS from Boston University, and is the Assistant Director of Recruitment at Harvard’s Kennedy School of Government. Their son Jon is an electrical engineering graduate of Princeton University and a senior software architect at NY/Mellon Bank in NYC. Richard J. Garfunkel rjg727@comcast.net Recent Appearances: KTI Synagogue, Rye Brook, NY- Long Term Care & Estate Conservation- Anshe Shalom Synagogue, New Rochelle, NY- Long Term Care- American Legion Post, Valhalla, NY- Long Term Care and Asset Protection- Doyle Senior Ctr, New Rochelle, NY-Long Term Care and Asset Protection- AME Methodist Ministers, New Rochelle, NY, LTC and Charitable Giving- Profession Women in Construction, Elmsford, NY, LTC and Business Benefits- Kol Ami Synagogue- White Plains, NY, Long Term Care and Disability - Beth El Men's Club-New Rochelle, NY-Long Term Care-Is it Necessary- Greater NY Dental Meeting Javits Ctr, NY, NY- LTC and Disability- IBEW Local #3 , White Plains, NY, Long Term Care and Asset Protection, Health Fair -Bethel Synagogue, New Rochelle, NY-LTC and Disability, Heath Fair- Riverdale Mens Club CSAIR- Riverdale, NY- LTC- Life Weight Watchers of Westchester and the Bronx-LTC and Tax Implications Sunrise Assisted Living of Fleetwood, Mount Vernon, NY-LTC Sprain Brook Manor of Scarsdale-LTC- November 15, 2001 Sunrise Assisted Living of Stamford, Connecticut, February 2002 Kol Ami Synagogue, White Plains, NY, February, 2002 The Old Guard Society of White Plains, NY, April, 2002 The Westchester Meadows, Valhalla, NY August, 2002 Kol Ami Synagogue, White Plains, NY, October, 2002 JCC of Scarsdale, Scarsdale, NY, November, 2002 The Westchester Meadows, Valhalla, NY, January, 2003 The Rotary Club of White Plains, NY January, 2003 The Westchester Meadows, Valhalla, NY April, 2003 Westchester Reform Temple, Scarsdale, NY January, 2004 Mount Vernon High School, Mount Vernon, NY March 2004 Kol Ami/JCC of White Plains, NY November, 2004 The Westchester Reform Temple, Scarsdale, January 2005 The Sunrise of Fleetwood, Mount Vernon, April, 2005 The Woodlands of Ardsley, assisted living, November, 2005 The Woodlands of Ardsley, assisted living, December, 2005 The Woodlands of Ardsley, assisted living, January, 2005 Rotary Club of Elmsford, April, 2006 Kiwanis Club of Yonkers, June, 2006 Greenburgh Jewish Center, November, 2006 Temple Kol Ami, White Plains, February, 2007 Hebrew Institute, White Plains, March, 2007 Temple Kol Ami, White Plains, NY, April, 2007 Westchester Meadows. Valhalla, November, 2007 Hebrew Institute. White Plains, November, 2007 Art Zuckerman Radio Show- January, 2008 JCC of the Hudson, Tarrytown, February, 2008 Matt O’Shaughnessy Radio Show, March, 2008 WVOX –Election Night Coverage, November, 2008 WVOX – Inaugural Coverage, January 20, 2009 The Advocates-host of the WVOX Radio Show, 2007- 2010 Rotary Club of Pleasantville, February, 2009 Hebrew Institute of White Plains, May, 2009 JCC Hudson, Tarrytown, December, 2009-10-11-12 Brandeis Club, Yonkers, March 25, 2010

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