Cover image courtesy of Mike Repole
Outspoken owner Mike Repole announced Monday on his feed on the social media platform X that he has taken the first steps toward launching what he called a “national lawsuit” that he hopes will bring what he feels are vital changes to the horse racing industry.
Comparison to NASCAR suit
Repole compared his lawsuit to Michael Jordan vs. NASCAR. That case refers to the recent antitrust lawsuit filed by Jordan's 23XI Racing against NASCAR, accusing the organization of monopolistic practices, which culminated in a mid-trial settlement in December 2025. Among the issues brought up by Jordan was a lack of team input into the governance of the sport, which, when it comes to horse racing, has been a major sticking point for Repole. He has repeatedly accused the sport of being run by an intransigent “old boys' club” that doesn't welcome outside views.
Repole would not state specifically who the plaintiffs would be in the lawsuit, but he did reveal that he has his sights set on many of the sport's most important organizations.
“The Jockey Club and their entities, the Breeders' Cup, the NTRA, TOBA, and all their stewards, have been notified legally what my intentions are,” he said. “They've been notified. They've been notified to prepare. They've been notified to prepare for litigation. They've been notified to save all documents, emails, texts, everything. They, in turn, have notified me to do the same.”
“They've been notified. They've been notified to prepare. They've been notified to prepare for litigation.” - Mike Repole
In an apparent reference to the same entities, which are either based in Lexington, Kentucky, or have offices there, Repole said, “I've never been a big fan of Shakespeare, but something is rotten in Lexington.”
The TDN reached out to the Breeders' Cup, The Jockey Club, TOBA, and the NTRA, asking those organizations to comment on Repole's lawsuit. TOBA said it had no comment. By the deadline for this story, the TDN had not heard back from the other organizations.
Mike Repole | Image courtesy of Mike Repole
Frustrations with leadership across the board
Repole said he did not know exactly when his lawsuit would be filed, but he noted that he has been working on the suit since June and has already hired two law firms to work with him.
Repole has made no secret of his frustrations with the sport and his dissatisfaction with the people who are in leadership positions. His efforts to force change include the formation of the National Thoroughbred Alliance, which he hoped could facilitate getting the sport's leaders into the same room to work on fixing what he clearly believes is broken.
“This wasn't Plan A, it wasn't Plan B, and it wasn't Plan C,” he said. “Unfortunately, I really believe that litigation is the only way and the only chance we have of enforcing change. This is much needed for the survival of the industry that we all love. It's not what I would want to do. It's not that I am glad that I had to do this. I just feel like it's a calling, a mission.
“Unfortunately, I really believe that litigation is the only way and the only chance we have of enforcing change.” - Mike Repole
He continued, “It's no secret that I have brought some of the key leaders together in a room. It's no secret that I've had plenty of one-on-ones. I've had some very positive conversations. I've had some very negative conversations. But I've had zero action. People can love me or hate me, but the reality is that I believe that if somebody doesn't take this step, we'll be down to three or four states with racing and 10,000 foals a year within the next five years.”
Repole, who is among the wealthiest people in the sport, expressed how determined he is to wage this fight.
“I will take this as far as I can,” he said. “I have no fear about it and there is no financial ceiling to stop me.”
“I will take this as far as I can... I have no fear about it and there is no financial ceiling to stop me.” - Mike Repole
Repole revealed that part of his argument will revolve around antitrust issues. He named several individuals in the sport who serve in important roles in more than one organization.
“Isn't that a conflict of interest or a matter of antitrust?” he asked. “They're all the same. The same people are controlling the entire sport.”
Repole acknowledged that his lawsuit may never see the inside of a courtroom, but said that doesn't mean that his actions won't bring about change. One thing he hopes to accomplish through the process known as discovery is to pull back the curtain and find out more about what is going on behind the scenes at the organizations he has targeted.
“Discovery will bring forward facts that have long remained hidden and are critical to the future of the sport,” he said on X.
“Discovery will bring forward facts that have long remained hidden and are critical to the future of the sport.” - Mike Repole
He said he also hopes his lawsuit forces industry leaders to consider his complaints and to start to develop a better plan for the sport's future.
“There's a lawsuit and it gets very, very nasty,” he said. “There's tremendous discovery that comes on both sides, and then there's some mediation. Then there's some alliance and then there's some compromise. Even if the lawsuit doesn't go through the entire court system, all of a sudden it forces people to get to a table and engage and say, 'Either you're going to go through the court system or you're going to sit down and make a decision.”
Aftercare and long term welfare on the table
As he has done in the past, Repole brought up the subject of aftercare and the industry's struggles to find a solution that will guarantee the safety of all horses once their careers are over.
“We have an industry that can't even solve what should be a simple and moral aftercare issue,” he said. “I started with that issue and was struck by how the sport can't even solve that. We're worried about the 200 or so horses that die every year on the track, and I am, too. But what about the 2,000 that don't have aftercare homes or get shipped to Mexico for slaughter or go to Puerto Rico or somewhere else? How about the horses that wind up in kill pens? I guess because the optics aren't as important as they are when it comes to horses breaking down, it's not an important issue to the industry.”
We're worried about the 200 or so horses that die every year on the track, and I am, too. But what about the 2,000 that don't have aftercare homes.” - Mike Repole
Repole said he has been tempted to get out of the sport for years. He says that if his latest attempt to force change on the sport fails, he will be done with the game.
“I've thought about getting out 100 percent sooner,” he said. “I want to give this one more go. If I can't get it done, I'll accept the loss and kindly get out and never be heard from again by this industry. I'll admit that I couldn't provide the change.”
