Stay of Adverse Ruling Denied, HISA Seeks Clarification

Federal District Judge Terry Doughty July 29 denied a motion filed by the Horseracing Integrity and Safety Authority to stay enforcement of a preliminary injunction entered July 26 against HISA's enforcement of its rules in Louisiana and West Virginia.

At the same time, HISA appealed the preliminary injunction to the Fifth Circuit Court of Appeals. The online record appears to direct the court clerk to certify the appeal record by Aug. 15.

HISA also filed a motion asking Doughty to clarify that the preliminary injunction applies to named plaintiffs only and not to all of plaintiffs' members nationwide. The Jockeys' Guild and Louisiana Horsemen Benevolent and Protective Association, who are among the plaintiffs, publicly took the latter position after the injunction was entered. Plaintiffs in the lawsuit include only five individuals.

"Plaintiffs' reading would wreak havoc on the sport. For example, many jockeys are not Guild members, such that different rules would apply to jockeys riding in the same race," HISA argued.

Out west, the California Horse Racing Board announced Friday it would continue to honor HISA rules, absent federal court clarification.

HISA's motion is supported by the affidavit of Marc Guilfoil in his first known act in a court proceeding as HISA's director of racing commission relations. Guilfoil, former executive director of the Kentucky Horse Racing Commission, assumed his new role July 5.

At the publication of this story, Doughty had not ruled on the motion to clarify.