from Daily Racing Form:

INGLEWOOD, Calif. - Cost of Freedom, the Grade 1-winning sprinter, was not permitted to be entered in Saturday's $100,000 Vernon Underwood Stakes at Hollywood Park after failing a physical examination on Wednesday regarding soundness.

Cost of Freedom worked five furlongs in 1:00 at Hollywood Park on Wednesday, but did not jog to the satisfaction of state veterinarian Tom Connor after the workout. As a result, Cost of Freedom remained on the state veterinarian's list and is banned from racing for at least 10 days.

The decision left co-owner Gary Barber contemplating legal action against the California Horse Racing Board and trainer John Sadler unsure when the 5-year-old gelding would be able to start. Cost of Freedom won his last start, the Grade 1 Ancient Title Stakes at Santa Anita on Sept. 27. He was scratched from the Oct. 25 Breeders' Cup Sprint at Santa Anita on the morning of the race after he was deemed unsound. He was placed on the veterinarian's list at that time.

Wednesday, Barber, a film producer based in Los Angeles, challenged the decision of racing board officials to classify Cost of Freedom as unsound. Barber said Cost of Freedom recently underwent a battery of tests, including an MRI, nuclear scan, ultrasound, and X-ray, which he said did not disclose any injuries.

"We have archaic methods to tell whether a horse is sound," Barber said. "He's got a funny gait when he jogs on the road. That's his idiosyncrasy. He worked like a machine. They have zero medical records to support their position.

"I've got to deal with fighting city hall, so to speak," Barber said. "I'm not here to run a bad horse. This is an absolute disgrace. I'm a big supporter of this game."

Wednesday, Connor inspected Cost of Freedom before his workout, watched him work, and then inspected the gelding later in the morning.

"He's pretty much the same as he was before," Connor said. "He's nodding off on the right front."

Asked what must happen for Cost of Freedom to be clear from the vet's list, Connor said, "He'd have to be sound and not showing a head nod."

Rick Arthur, the racing board's equine medical director, supported Connor's findings. Arthur said Cost of Freedom was inspected by six veterinarians before the Breeders' Cup.

"All agreed, and I was not one of them, that he should be on the vet's list," Arthur said. "He's still unsound."

Arthur said Barber's recent efforts to diagnose the reason for Cost of Freedom's jogging gait does not affect the gelding's status on the veterinarian's list.

"It means you have a lame horse without a diagnosis," he said. "Horses that are lame can't run on a California racetrack. We err on the side of the horse."

Neil Papiano, representing Barber, said he may seek legal recourse in Los Angeles Superior Court in coming days against the racing board.

"They can tell the judge why it can't run," Papiano said. "They don't have any real reason for it. It's an opinion that they're using and not facts."

Barber "has spent a lot of money testing. We want a chance to show other opinions. They're depriving a very good horse from running. Somebody has an opinion, and somebody else has an opinion."

Cost of Freedom was claimed by Barber and his brother Cecil for $50,000 at Del Mar in July. The gelding has since won two races for them, an allowance race at Del Mar on Aug. 9 and the Ancient Title.

Sadler said if Cost of Freedom is not excused from the veterinarian's list that he would consider taking the gelding to the $2 million Golden Shaheen for sprinters in Dubai in late March.

"We'll get him ready for Dubai, I guess," Sadler said.

Without Cost of Freedom, the six-furlong Underwood has drawn a field of seven, including the stakes winners Bob Black Jack, Johnny Eves, Noble Court, and Northern Soldier.

now that is good news, did not know why he was scratched on b.c. day.....will follow this event....