Horse Racing

HISA opponents seek national ban


An amended complaint filed in Louisiana federal court names a host of new states and other entities seeking a national ban against the oversight of critical areas of horse racing by Authority for Safety and Integrity in Horse Racing.

The case in question was originally filed by the states and racing commissions of Louisiana and West Virginia, the Louisiana Riders’ Protection and Benevolence Association, and others. A preliminary order issued by Judge Terry Doughty of the United States District Court for the Western District of Louisiana resulted in HISA and the Federal Trade Commission halting enforcement of the rules in the two named states.

According to the revised complaint, four other states are currently participating in the lawsuit: Arkansas, Mississippi, Nebraska, and Oklahoma. The Paris-mutuel race was held in all of those states except Mississippi. In addition to the Louisiana and West Virginia racing commissions, the new plaintiffs include the Oklahoma Racing Commission and the Nebraska Racing and Games Commission. Although the state of Arkansas is named in the lawsuit, the Arkansas Racing Commission is not the plaintiff.

In a statement, HISA officials expressed doubt that the ban would be extended.

“The ongoing Louisiana lawsuit focuses solely on procedural issues related to the FTC’s approval of the HISA rules. The fifth lap questioned the plaintiffs’ arguments on these issues in the the previous ruling temporarily upheld the district court’s order,” HISA officials said. “The sole basis for the Fifth Circle’s subsequent decision to uphold the ban, i.e. the constitutionality of HISA, no longer applies to the Congressional amendment and the FTC’s ratification of the HISA rules. This lawsuit does not question the constitutionality or validity of HISA.

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“HISA will continue to strongly oppose the plaintiffs’ attempts to cause chaos and confusion in our sport.

Several other songs, people and organizations are also named in the updated complaint, including Fonner ParkHorsemen’s Park and Legacy Downs Racetrack in Nebraska, and Lawn heaven Racetrack in Arizona. Also named HBPA groups from Arizona, Arkansas, Illinois, Iowa, Indiana, Kentucky, Louisiana, Minnesota, Nebraska, Ohio, Oklahoma, Pennsylvania and Washington; and HBPA of Charles Town and Tampa Bay Downs. Five individuals are also plaintiffs: Bernard K. Chatters, Edward J. Fenasci, Larry Findley, Sr., Warren J. Haran III and Gerard Melancon; as well as the North American Association of Race Veterinarians.

A companion lawsuit challenging HISA filed in Texas federal court was denied, but an appeal to the Fifth Circuit Court of Appeals led to a ruling late last year that HISA was essentially unconstitutional. . The Texas case was established by the national HBPA and joined by many state HBPAs. Federal district courts in both Louisiana and Texas are under the auspices of the 5th Circuit of federal district courts.

After HISA and the FTC lost their case in the Fifth Circuit appeals court, they sought and achieved what they hoped was a legal amendment enacted by Congress and signed into law by President Joe Biden. The HISA amendment expanded the FTC’s authority to oversee HISA, a private entity created by the original law, to address concerns in the Fifth Round ruling.

The fifth round declined to provide further appellate review of its decision after the amendment. Instead, the appellate court sent back or resubmitted the cases to their respective district courts in Louisiana and Texas for further processing.

Hollywood Casino at Charles Town Races
Photo: AP Photo

For now, a moratorium in place has halted enforcement of HISA’s rules for races in Louisiana and West Virginia, the later home of the Hollywood Casino at Charles Town Races

The revised lawsuit seeks a nationwide injunction against HISA as evidenced by what it describes as a “widespread collection of plaintiffs from across the country.” The new plaintiffs named in the revised complaint asked to leave the court to join the Louisiana case, but it appears Doughty didn’t let them. If he did, the plaintiffs argued, the existing bans in Louisiana and West Virginia should be extended.

Following the Fifth Circuit’s decision to refuse to issue an additional appellate review under HISA’s amendments, HISA said in late January that outside of Louisiana and West Virginia, HISA will continue to enforce the Track Safety Program. , which was launched last year and prepares for the implementation of the Anti-Doping and Drug Control Program on March 27, subject to the FTC’s approval of the rules.

The amended complaint in the Louisiana case continues the original argument that HISA and the FTC exceeded their own statutory authority; that the application of the HISA rules violates the federal Administrative Procedure Act; and that law violates the Fourth and Seventh Amendments of the federal Constitution. It rekindled what was certain to be a protracted litigation over the legality of HISA.

The lawsuit filed in Texas argues the broader constitutional basis and the Fifth Round’s ruling that HISA is unconstitutional stemming from those legal arguments.

To complicate matters further, a division of legal jurisdiction would arise if a case pending in the Sixth Circuit Court of Appeals affirmed the constitutionality of HISA. The case has been fully briefed and is being filed.

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