HBPA Groups Again Appeal HISA Ruling to Fifth Circuit
Image:
Description:
For the second time the Fifth Circuit Court of Appeals will consider the constitutionality of the Horseracing Integrity and Safety Act after a federal judge shot down efforts by the National Horsemen's Benevolent and Protective Association, as well as state and local HBPA affiliates, to derail the legislation.
On May 17 the HBPAs filed a notice of appeal after multiple rulings adverse to its legal efforts issued by federal judge James W. Hendrix in United States District Court for the Northern District of Texas.
The case first came before Hendrix last year. He decided HISA was constitutional, but a Fifth Circuit panel reversed the ruling and declared HISA facially unconstitutional for failing to grant sufficient power to the Federal Trade Commission to oversee the Horseracing Integrity and Safety Authority. The authority is a private corporation formed to regulate the horse racing industry for compliance with nationwide safety and medication rules.
A Congressional amendment to the legislation followed the Fifth Circuit decision, granting more power to the FTC. The appeals panel sent the case back to Hendrix, and he ruled May 4 that the amendment appropriately addressed the concerns raised by the Fifth Circuit panel of judges.
On the heels of that ruling, the HBPAs sought an injunction pending appeal. Hendrix denied the motion May 17, writing that it was based on inappropriate legal standards, and that injecting appropriate standards couldn't save it. The HBPAs almost immediately filed their notice of appeal.