Horse Racing

HISA seeks to stay after the rule of Louisiana, West Virginia

Just six days after the Horse Racing Integrity and Safety Authority (HISA) rival won a court round in which a federal judge issued a preliminary order halted implementation of HISA rules in effect in Louisiana and West Virginia, HISA and the Federal Trade Commission returned to court Monday, filing an urgent motion to stay pending appeal. fox.

The motion was filed with the United States Court of Appeals for the Fifth Circuit.

The filing from HISA asserts that in issuing the preliminary order, the court erred in regard to the amount of time required for public comment. HISA attorneys argue that the Federal Trade Commission, which oversees HISA, given 14 days for public comment after publishing the proposed rules, do not violate any regulations. which switch. They argued that “the court mistakenly requested the Commission to provide a minimum comment period of 30 days.”

The filing continues: “Residence is guaranteed because that judgment is subject to legal error and does not reflect the fair balance of shares. The APA (Administrative Procedures Act) did not impose a minimum comment period and the district court clearly erred in finding the opposite.”

In ordering the plaintiffs, including the Jockeys’ Guild and the states of West Virginia and Louisiana, Judge Terry Doughty of the United States District Court (Western District of Louisiana) did not appear to consider time for public comment a factor. key factor in the decision. Instead, he focused on the plaintiffs’ allegations that HISA had caused them irreparable harm and that an injunction was needed while other courts were still deciding the constitutionality of the Act. Integrity and Safety Laws of Horse Racing.

“Here, there is a clear connection between HISA rules and Plaintiffs’ alleged injuries,” Doughty wrote. “All of the above alleged injuries are ‘relatively traceable’ to the rules issued by HISA and the FTC so far.”

Borrowing a page from their opponent, HISA attorneys wrote that if they were not granted residency and HISA regulations could not be implemented immediately in West Virginia and Louisiana, it “would cause cause serious and irreparable harm to the equine industry and the public contrary to the clarity of Congress’ intent.” They called Doughty’s decision a case of a “flagrant violation of the law.” .

Two separate federal courts have dismissed lawsuits from the same plaintiff that include similar arguments made before Doughty’s court and question whether HISA is constitutional. Both courts ruled in favor of HISA but those decisions were appealed.

“The original Order is unlikely to survive on appeal and in the meantime, will cause irreparable damage to the Competent Authority’s ability to implement the Act in a timely manner, and orderly,” HISA court filings read.

The HISA filing is based on the same arguments that gave birth to the Equestrian Safety and Integrity Act, that when it comes to integrity and safety, the industry has progressed, needs change, and that the best way to do that is through the authority center.

“The importance of this program cannot be overstated when [the Authority] build[s] about the advancements the industry has made

This is done by implementing unified, national rules and regulations, increasing accountability, and using research and data-driven solutions to enhance the safety of horses and their jockeys. us,” the profile reads.

The filing concludes: “This court should uphold the order pending appeal as soon as possible, but no later than August 5, 2022 (because the harm of the order will increase with each race day).

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