Multiple Groups Back HISA Support With Court Filings

Congressional leaders, former board members of state regulatory commissions, and 50 owners, breeders, trainers, jockeys, and other Thoroughbred racing professionals have reinforced their commitment to the Horseracing Integrity and Safety Act in court filings Aug. 23.

These groups all filed amicus briefs offering Judge Joseph Hood with the U.S. District Court for the Eastern District of Kentucky "timely, useful, and otherwise necessary information" is support of a motion to dismiss a lawsuit challenging as unconstitutional the new effort to create federal oversight for drug testing and enforcement.

The HISA was passed in December as part of an omnibus appropriations bill and signed into law by President Donald Trump Dec. 27. The legislation was then challenged as unconstitutional in April by a lawsuit led by the United States Trotting Association, state regulators in Louisiana, Oklahoma, and West Virginia, as well as tracks Fair Meadows, Remington Park, and Will Rogers Downs.

A motion to dismiss the suit was filed Aug. 16 on behalf of the HISA board members and other defendants.

The group of supporting horsemen and horsewomen filed their amicus brief because they "actually own, breed, train, and ride racehorses that are 'covered' by the Act's terms … thus have a concrete interest in the court's resolution of this case."

Along with Breeders' Cup Ltd. and The Jockey Club, this group includes:

• Owner/breeders: John Ed Anthony, Craig and Holly Bandoroff, Conrad Bandoroff, Gary Barber, Antony Beck, Gary Biszantz, Bill Casner, C. Steven Duncker, William Farish Jr., Terry Finley, Bobby Flay, Arthur and Staci Hancock, Lynn Hancock, Seth Hancock, Fred Hertrich III, Ian Highet, Barry Irwin, Roy and Gretchen Jackson, Stuart Janney III, Bret Jones, Anthony Manganaro, J. Michael O'Farrell Jr., George Strawbridge Jr., Vincent Viola, and Charlotte Weber;
• Trainers: Mark Casse, Christophe Clement, Shug McGaughey, Graham Motion, Todd Pletcher, John Sadler, Dallas Stewart, George Weaver, and Nick Zito;
• Active and retired jockeys: Alex Birzer, Joe Bravo, Donna Brothers, Joel Campbell, Javier Castellano, Steve Cauthen, Julien Leparoux, Chris McCarron, Rodney Prescott, Mike Smith, Gary Stevens, Drayden Van Dyke, and John Velazquez;
• Veterinarian: Jeffery Berk

A separate amicus brief filed offers to the court the insights of Robert Beck, Tracy Farmer, and John Phillips, who are all former member of the Kentucky Horse Racing Commission; William Koester, former chairman of the Ohio State Racing Commission from 2008-11 and a commission member for more than 10 years; and, Joe Gorajec, former executive director of the Indiana Horse Racing Commission and former chair of the Association of Racing Commissioners International's board of directors.

In their court filing, the former regulators offered their "unique perspective on the difficulties faced by the horse racing industry that contributed to the passage of HISA, including firsthand experience in attempting to implement new rules and regulations to enhance the safety and integrity of horse racing.

"The current state of affairs consists of a patchwork system of regulation in 38 different racing jurisdictions, with varying regulatory structures, rules, regulations, and operating procedures," the brief continued. "HISA is an extraordinary legislative achievement that will enable horse racing to escape the disjointed system of regulation currently in place when it comes to the fundamental matters of health and safety."

The third amicus brief was filed by U.S. Sen. Mitch McConnell (R-Ky.) and U.S. Reps. Andy Barr (R-Ky.) and Paul Tonko (D-N.Y.), who were sponsors and co-sponsors of the HISA legislation.

"They are uniquely familiar with the process by which (HISA) was developed and enacted," states the congressional leaders' brief.

Opponents of the HISA allege the new law unconstitutionally shifts government regulatory authority to a "private group of industry insiders," according to Brian Kelsey, senior attorney with the Liberty Justice Center, which is supporting the legal challenge.

The amicus brief filed by owners, breeders, trainers, jockeys, and veterinarian notes that while the HISA board is composed of "well-respected independent experts and industry leaders," it will operate "all under the oversight and control of the Federal Trade Commission."

"From top to bottom, this system is superior to the status quo … The uniformity achieved by HISA will ensure that regulated parties are treated fairly and consistently under a clear set of standards. HISA also provides robust procedural safeguards, including a transparent rulemaking process as well as a reticulated framework for enforcement and review … Plaintiffs have offered no sound reason for this court to upend this widely supported reform, and to throw the future of the horse racing industry back into doubt. Respectfully, Plaintiff's claims should be dismissed."