Horse Racing

HISA rules go back into effect nationwide after the Court of Appeals ruled


Via

The temporary “administrative stay” ruling issued Wednesday night by a panel of three judges from the US Court of Appeals for the Fifth Circuit means it is “pending further review”, the rules of The Integrity and Safety Act (HISA) is back in effect nationwide.

Court order of August 3 surpasses one Preliminary order issued on July 26 by a judge of the U.S. Lower District Court (Western District of Louisiana) paused HISA rules in Louisiana and West Virginia pending the outcome of a fundamental case in that court.

In there Civil case June 29HISA, the Federal Trade Commission (FTC), and board members and supervisors of both organizations allegedly violated the Fourth, Seventh, and Tenth Amendments to Structureplus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and enact regulations.

The plaintiffs are the state of Louisiana, its racing commission, the Louisiana Settlers’ Protection and Benevolence Association, the Louisiana Thoroughbred Breeders Association, the Jockeys’ Association, the state of West Virginia, the racing commission of the Louisiana State. it, and five individuals designated as “insured persons” under the HISA Act.

The 3 August provisional ruling at the Court of Appeals level did not specify a timetable for when it would come into effect.

In addition to removing the injunction regarding HISA rules, staying in the Court of Appeals would also give the lower court a pause from making any kind of ruling on a case. dispute over words in its own command.

Plaintiffs and defendants have differing interpretations of whether the geographic scope of the order applies to entities located only in Louisiana and West Virginia or also includes all racers who are members of the Guild, regardless of where do they ride? The defendants asked the lower court to investigate.

In support of their request that the Court of Appeals uphold the lower court’s order, the FTC defendants wrote in an August 1 petition that, “Both the government and the public would be irreparably harmed.” adjudication if the district court’s preliminary order omitting the Commission’s regulatory program in its entirety in the two States remains in effect until this Court has adjudicated this appeal.

“The Commission’s regulations, particularly the approximately fifty rules that deal with track safety, are designed to protect and promote the health of horses, jockeys and other participants in horse racing. The district court’s order removes those protections, impedes the Commission’s ability to carry out the Act’s public purpose, and threatens the enormous harm the regulations are meant to prevent. “

The FTC filing continues: “The district court order, issued three weeks after the Commission and Competent Authority began implementing the Commission’s regulations, also risks causing confusion within the industry. horse industry regarding the rules governing horse races, undermining the Commission and Congress’ interest in a uniform and predictable set of rules governing the conduct of horse riding. Conversely, any harm to the plaintiffs from the stay would be minor, if it existed. “

To oppose the stay motion, the plaintiffs disagreed in a submission to the Court of Appeals dated 3:

“The irreparable damages Plaintiffs would have suffered while staying put the public interest and the balance of damages beyond doubt. Any harm to Respondent’s occasional interest in promoting an illegal management scheme will be easily outweighed by Plaintiffs’ irreparable harms,” ​​the plaintiffs said. write.





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