Via TD Thornton
Just six weeks after existing as the sport’s national rule enforcement agency, the Safety and Integrity Authority (HISA) has spent $1.8 million defending itself in four lawsuits. separately pending or being appealed in federal court.
But the real irony behind the rising costs of litigation against HISA is that almost all organizations – owners, trainers, drivers, racetracks, racing commissions and states – would have to pay double, regardless of the eventual outcome of those complicated lawsuits. .
That’s because plaintiffs like the Jockeys’ Guild and various horsemen’s associations will spend their organization’s money trying to stop HISA on the basis of constitutional and federal procedures, while at the same time HISA will use proceeds from federally sanctioned assessments paid for by such persons. industry participants to fight lawsuits.
Lisa Lazarus, chief executive officer of HISA, revealed the current cost of litigation as keynote speaker at the 70th Annual Roundtable on Racing-Related Issues. organized by the Jockey Club in Saratoga Springs, New York.
“As you know, HISA is funded by the industry,” says Lazarus. “So these lawsuits ended up being paid for by the industry, and ironically partly because of the entities suing us. It’s a real shame to see what industry dollars can be [otherwise] is spent on aggressive reforms to make racing safer. It’s disappointing because there’s so much we can do as an industry for unity. “
Stuart Janney III, President of the Jockey Club, made no attempt to hide his disdain for groups trying to derail HISA, calling the plaintiffs in the lawsuits “several states” accused of politics, rogue horsemen, and – ‘Surprise, surprise!’ – Jockeys Guild. “
And while the annual Roundtable has largely concentrated over the years into a two-hour reverberation room of revelry, lectures from choirs and a demonstration devoted to projects. of the Pet Jockey Club, Janney offered a brief analysis of where the lawsuits stand from a pro-HISA standpoint in his closing remarks.
Janney focuses on one of the lawsuits in particular, where HISA and the Federal Trade Commission (FTC) are accused of violating the Fourth and Seventh Amendments of the United States Structureplus the Administrative Procedures Act, which governs the process by which federal agencies develop and enact regulations.
The states of Louisiana and West Virginia, plus the Association, are the lead plaintiffs in that case, and just this past Friday, August 12, 14 branches of the Horsemen’s Protection and Mercy Association met petition a federal judge allowed to join the lawsuit.
“Remarkably, the Louisiana federal district court found no constitutional violations,” Janney said. “But they initially agreed with the plaintiffs that the Agency’s definition of ‘covered horse’ and its search and seizure rules extended slightly beyond the scope of the statute.
“Really speaking, this part of the ruling has no impact, because the Agency voluntarily revised both rules to be in line with the statute,” Janney said.
“The district court also questioned the Agency’s regulation of funding, which actually benefits the plaintiffs, Louisiana and West Virginia. And amazingly, if the plaintiffs win, those two states will have to pay hundreds of thousands more dollars to HISA.
“And finally, [the court] Janney said:
In other words, in ruling in favor of the Agency’s opponents, the Louisiana federal district court acknowledged that implementation of the Agency’s rules could not be stopped.
“So it is clear that none of these issues threaten the long-term viability of HISA. But they definitely waste time and money,” says Janney.
“Another federal lawsuit challenging the Agency and HISA was filed in Texas last week,” Janney said. “It recycles many failed claims. Like the lawsuits that came before and those that will come after, the new lawsuit is merely a distraction and a waste of industry resources,” said Janney.
“Ironically, under HISA, it will be riders who will bear the brunt of these additional legal costs,” says Janney.
Lazarus updated HISA’s next steps, acknowledging that she understands HISA needs to build trust in the industry, even with those who have backed it.
“We at HISA have a responsibility to you. Lazarus said.
“HISA wants open dialogue and cooperation with everyone in the industry who come to us with goodwill,” said Lazarus.
“Specifically, I will soon be establishing a number of advisory groups, including the Riders group, to increase engagement with stakeholders to ensure we are delivering the best programs for the industry.” Lazarus said.
“We will continue to improve the safety rules of the track,” said Lazarus. “Future rules will fill in the gaps, clarifying the ambiguities.”
The transition to a new and permanent website will hopefully alleviate some of the concerns from industry participants who have complained about the user interface when registering with HISA.
The implementation of the Anti-Doping and Drug Control (ADMC) Program is HISA’s next high-profile effort.
“We have made significant progress in the ADMC program,” says Lazarus. “In recent weeks, we have developed and perfected, with input from hundreds of race stakeholders, a comprehensive set of rules. These will be submitted to the FTC next week for implementation in January 2023.”
Lazarus continued: “We are building a world-class, seasoned team that will implement the first national anti-doping program in horse racing, with uniform checks and unified sanctions. best. It will be difficult, but it will be fair. And in time, the horses will be able to finish with the comfort of knowing that they will not be beaten by a cheater.”
In addition, explains Lazarus, “We also see a future where we can combine anti-doping investigations and intelligence with a powerful capability that will be deployed nationally in both testing and testing.” in and out of the competition.”
Lazarus also provided an update on HISA’s participation.
“We are now six weeks into the safety of the racetrack. To date, we have registered 34,000 horses and 28,000 people. And more importantly, in my opinion, 90% of the horses, jockeys and trainers in competition are registered. And if you take Louisiana out of the picture, we’re at 95%, because the majority of our unregistered participants live in Louisiana.
Lazarus added: “We have reached voluntary agreements to implement HISA rules at 17 state racing commissions out of a total of 21 that HISA is managing.
Lazarus said HISA is in the process of hiring a national health director to support races across the country with equestrian health and safety protocols, and has facilitated and paid for the race. Concussion tests for riders at 10 races, Lazarus said.
“The well-being of racehorses along with the welfare of horses is a key priority for HISA,” said Lazarus.
But the topic of jockey’s welfare offers another irony, at least from Janney’s point of view.
“If I were a jockey, I would be very excited about [HISA’s safeguards for riders],” said Janney. “But obviously, they are not. Upping ante, [the Guild] join [other plaintiffs in the Louisiana lawsuit] in adding a crime of contempt. That’s outrageous. Equestrians are wasting their time and are harming our sport. I hope they realize that.”
Janney continued: “HISA is a once-in-a-lifetime opportunity to advance the sport through enhancing integrity and enhancing the safety of horses and riders. This business is not like 10, 20, 30 years ago. We all know that. And now that we understand economics… Friends, it’s time to join HISA together. It’s good for sports. HISA is legal. HISA is here to stay. “
Lazarus also concluded his presentation with a plea for unity.
“I don’t mean we will agree on every rule. But what I mean is that we agree on the governing principle, the core principle, that we need to speak with one voice,” Lazarus said.
“HISA, as I sit here today and talk to you, is not perfect. And as you know, it is still a work in progress. But I am incredibly proud of the work done by our small team within the very tight timeframes set forth by Congress and by law.
“We have an industry and an opportunity. Let’s have a heated debate about what the rules should be. Let us never forget that our real enemies are the bad guys who tarnish our sport, anyone who is cavalier about horse rights, and those who want to shut down horse racing for the sake of it. nice destination. “
“It’s only been six weeks since we launched HISA. Give us some time. Give us some grace. Efforts to improve race safety and integrity are important. And if it doesn’t work, we all fail. And if it works, we all succeed. It’s really simple,” says Lazarus.
