Jockeys' Guild, LAHBPA Say Members Not Subject to HISA

The Jockeys' Guild and the Louisiana Horsemen's Benevolent and Protective Association said July 27 that their members are not subject to rules of the Horseracing Integrity and Safety Authority in any racing jurisdiction in the United States. HISA categorically disagreed except for jurisdictions in Louisiana and West Virginia.

The assertions by the Jockeys' Guild and LAHBPA came on the heels of a July 26 preliminary injunction against HISA's enforcement of rules after the states of Louisiana, West Virginia, the Jockeys' Guild, LAHBPA, and others filed suit alleging excessive rule-making and violations of the Administrative Procedures Act by HISA. Other plaintiffs in the case include a jockey, a trainer/owner, a breeder, and a veterinarian.

The dispute centers on language in the order entered by U.S. District Court Judge Terry A. Doughty, who wrote that the geographic scope of the injunction is limited to the States of Louisiana and West Virginia, "and as to all Plaintiffs in this proceeding,"

The day after Doughty's order, Jockeys' Guild general counsel Kate Swearengen said in a release the language means all members of the Jockeys' Guild are shielded by the order throughout the U.S.

"Should HISA, or any of its designated representatives, attempt to enforce any of the enjoined rules against a Guild member in any state, the Guild intends to take immediate action to ensure compliance with the Court's order," Swearengen wrote.

Shortly after the Jockeys' Guild statement was released, LAHBPA executive director Ed Fenasci said in a release none of its approximately 5,000 members are subject to HISA rules in any jurisdiction, either.

"The LAHBPA is a not-for-profit membership organization whose members consist of racehorse owners and trainers (both Thoroughbreds and Quarter Horses)," the release said. "The injunction applies to all of the members of the LAHBPA, regardless of the U.S. jurisdiction in which the owner and/or trainer is racing and/or training."

Following those releases, HISA said it will enforce its rules in states outside Louisiana and West Virginia except for the individual plaintiffs named in the complaint.

A HISA spokesperson told BloodHorse via email, "HISA will continue to enforce its rules in all applicable jurisdictions, with the exception of Louisiana and West Virginia. Outside of those states, the court order applies only to the five individuals specifically named in the case."

Assuming either the Jockeys' Guild or LAHBPA follows through with promised action, the next violation by one of its members outside of Louisiana and West Virginia—except for those five individuals—will land the matter in court.

BloodHorse questioned Jockeys' Guild and LAHBPA representatives about how all this would work in HISA-compliant states when some but not all persons competing in the same race are members of their respective organizations. Do state rules in compliant jurisdictions apply to their members, and do HISA rules apply to everyone else?

Fenasci responded on behalf of LAHBPA: "The court's order speaks for itself, and we are adhering to Judge Doughty's ruling."

The Jockeys' Guild's take is more expansive. Swearengen said by email that the Jockeys' Guild does indeed take the position that, by way of example, Kentucky or New York rules apply to jockeys who are Jockeys' Guild members, and HISA rules apply to jockeys who are not Guild members.

Asked if jockeys riding in the same race will be judged by different sets of rules, Swearengen said, "That is up to HISA. Judge Doughty’s preliminary injunction enjoins HISA from enforcing its rules under the 2000, 8000, and 8500 series against all Guild members riding in any jurisdiction. HISA could voluntarily cease enforcing the same rules against non-Jockeys' Guild members while the preliminary injunction remains in effect."

Asked for the Jockeys' Guild's position on how this paradox could be resolved in the best interests of its members, Swearengen said the answer is in HISA voluntarily ceasing enforcement of the rules against jockeys who are not Jockeys' Guild members.

HISA was asked about its position on the export and import of racing signals in Louisiana and West Virginia in light of recent developments in Texas, where the export of Lone Star Park's signal ceased after that state refused to comply with HISA. HISA did not respond with comment.

There is a fundamental difference in the two cases, in that non-compliance with HISA in Louisiana and West Virginia are now protected by the preliminary injunction issued by Doughty, while Texas became unilaterally non-compliant after it lost a federal case challenging the constitutionality of HISA. That decision is under appeal to the U.S. Fifth Circuit Court of Appeals. Doughty's decision was not based on constitutional grounds. His court is located in the Western District of Louisiana, which is also within the Fifth Circuit.