HISA Faces New Legal Challenge in Texas

A lawsuit filed on July 29 in U.S. District Court for the Northern District of Texas challenges the authority of the Horseracing Integrity & Safety Authority.

The suit was brought by Lone Star Park owner Global Gaming, the owner of a Texas greyhound track seeking approvals to run horse races, and two entities trying to develop racetracks for horses in Texas. The suit and a motion for preliminary injunction motion argue that members of the HISA board of directors should have been appointed by the President on the advice and consent of the Senate, and that the Authority is unconstitutionally structured because the President cannot superintend the authority's execution of laws.

In addition, the suit argues that if HISA's directors are not exercising executive power, their promulgation of legislative rules constitutes an unlawful exercise of legislative power, and that HISA violates the U.S. Constitution in that the enabling legislation lacks intelligible principles.

If the authority is a private entity, it exercises government power that only government officials may exercise, the suit contends, stating HISA's adjudicatory process violates the Seventh Amendment to the Constitution because it does not allow jury trials.

The suit also argues HISA's adjudicatory process is unconstitutional in that it vests judicial power over private rights in the authority and Federal Trade Commission, that HISA violates the anti-commandeering doctrine of the constitution by essentially threatening the states to fund the authority, lest their legislative powers be disabled, and that provisions subjecting persons covered by HISA to search and seizure without prior approval by a judge or magistrate violates the Fourth Amendment.

"HISA will defend itself in court while the Authority's focus remains on implementing the Racetrack Safety program and finalizing Anti-Doping and Medication Control rules for implementation in January 2023," a HISA spokesperson said when asked for comment from BloodHorse. "The majority of racing participants support HISA's mission to protect those who play by the rules and hold those who fail to do so accountable in order to keep our equine and human athletes safe and the competition fair. The immense collaboration with state racing commissions, stewards, veterinarians, racetracks, trainers, and other horsemen that has taken place to date is evidence of this support, and we intend to continue to fulfill our mandate and work to make the industry safer."