Three-year-olds ONE BAY HEMINGWAY (Danger Bay) and ONE MORE BREW (Milwaukee Brew) put on a great show on Prince of Wales day at Fort Erie on Sept. 12 when they dueled through the length of the stretch in the Lake Erie Stakes. One Bay Hemingway won the race by a nose (although the order of finish was posted incorrectly by Fort Erie after the race) for owner and breeder Howard Walton and trainer Sid Attard.

However, a rival owner or trainer submitted a complaint about the top two horses not carrying the correct weight in the 6 1/2 furlong stakes race, which is part of the Ontario Sire Heritage Series.

A ruling has since come from the AGCO that both horses have been disqualified and POULIN IN OT, owned by Steve Owens and Empress Stable, has been moved up to first.

The overnight entries for the Lake Erie Stakes had the sophomores listed with 120 pounds but in the race, they carried 118 pounds, which was recorded in the track program. It is uncertain whether Walton and One More Brew’s connections, Bermuda Blue Farm and Paul Wolf, will appeal.

The AGCO RULING for ONE BAY HEMINGWAY (another ruling for runner-up One More Brew read the same):

Take notice that on September 13, 2023, a written protest was lodged requesting an inquiry into the weights carried by the top two finishers in race #2, Lake Erie Stakes at Fort Erie Racetrack on September 12, 2023.

The Stewards determined that the horse “One Bay Hemingway” did fail to carry at least his correct weight over the entire distance of the race, contrary to AGCO rule 8.03. “One Bay Hemingway” is hereby disqualified and considered unplaced for all purposes, except for parimutuel wagering.

The revised order of finish shall be as follows:
1) Poulin in OT
2) Guns n’ Rojas
3) Don’t Stop Dreamin
4) Walter Me Lad
Alcohol and Gaming Commission rules, 8.02, 8.03, 13.02, 13.04.1(a), 13.08, 13.14