Judge Dismisses Lawsuit Seeking to Block Lasix Rules

A circuit court judge has dismissed the Kentucky Horsemen's Benevolent and Protective Association's lawsuit seeking to prevent Churchill Downs and Keeneland racetracks from enforcing race conditions that prohibit use of Lasix in 2-year-olds.

In his June 1 ruling, Franklin Circuit Judge Thomas Wingate rejected arguments made by the Kentucky HBPA's attorneys during a hearing last week that horsemen would be harmed if the two tracks were not enjoined from enforcing the new rules.

The hearing was held on a motion filed by the Kentucky HBPA for a temporary injunction keeping the tracks from enforcing the rules. Wingate also rejected the request for a temporary injunction.

MITCHELL: Judge Review Tracks' Rights to Impose Non-Lasix Rules

Wingate said the Kentucky HBPA lacked standing to bring the case and "has failed to set forth some actual or imminent injury to at least one individual member. The complaint fails to contain a single allegation that a member of the KHBPA was unable to run a horse due to Churchill and Keeneland electing to adopt 810 KAR 8:050 as a condition for 2-year-old races."

The Kentucky HBPA sued Churchill, Keeneland, and the Kentucky Horse Racing Commission over the tracks' implementation of the race conditions precluding Lasix use in races for juveniles. Currently, Churchill has been running 2-year-old races with the rule in effect. Keeneland plans to also prohibit the use of the medication in such races during its rescheduled spring meet in July and its fall meet that will include the Breeders' Cup World Championships.

Lasix is a diuretic that has been used to prevent or reduce the severity of exercise-induced pulmonary hemorrhage.

The tracks contend they have the right to determine whether Lasix and other medications are permitted under 2015 regulations enacted by the KHRC permitting tracks to decide whether to allow the administration of furosemide on race days or for particular races.

Then-Kentucky Attorney General Jack Conway issued an opinion that the regulation allowing tracks to ban the use of furosemide "was an invalid and illegal delegation of the KHRC's authority to private actors" and the Kentucky HBPA's suit contends the regulation amounts to a sub-delegation of regulatory authority to the tracks.

As part of the suit, the Kentucky HBPA had sought a temporary injunction to halt Churchill from conducting races for 2-year-olds that prohibit furosemide administration within 24 hours of post time for the individual horse's race.

Wingate also granted requests from three industry organizations—The Jockey Club, Breeders' Cup, and Kentucky Thoroughbred Association—to file amicus briefs supporting the position of Churchill Downs, Keeneland, and the racing commission.

"In April of 2019, Keeneland and Churchill publicly announced their intention to eliminate race day use of Lasix in 2-year-old horses," Wingate's order stated. "Owners, trainers, and horses have spent the previous year planning for Lasix-free races. Ultimately, the court agrees with defendants that injunction relief would cause detriment to the public interest, harm defendants, and not maintain the status quo."

Wingate said he was not attempting to make a determination over the merits of Lasix administration in horses.

"It must be emphasized that the court is not determining whether Lasix should be provided on race day to horses," he wrote. "Ethical and medical debates on the administration of Lasix on race day to Thoroughbreds are beyond the scope of this litigation. Instead, the court is solely focused on its task of interpreting the relevant law to ensure that the actions of defendants do not exceed the permissible bounds."