http://blogs.courier-journal.com/racing ... pt-stakes/
A rule that needs to be scratched (well, actually, rewritten to exempt stakes)
Note: When I used “bizarre” as second word in the following blog post, I meant it in the sense that it was bizarre that this came up in a stakes. And it is. But the rule is a good one for its original intent, and one the Kentucky stewards apply all the time. This rule isn’t something they didn’t know about: It just almost never comes up in stakes races — until now, and then it comes up twice in a day.
The reason it’s a good rule as far as overnight (non-stakes) races are concerned is that it keeps people from being able to shop for the better spot between two races while possibly excluding a horse from running: If you go in for another race and get in, that’s where you have to run. Certainly (I hope) the intent was never to apply this to stakes races, where people put their money up to run and have every right to shop around for the best situation....
Never pick a fight with people who buy ink by the barrel.
-- Mark Twain