Appealing a failed legal challenge to the Horseracing Integrity and Safety Act has come to a close after being heard by countless industry players, legislative leaders and stakeholders. case summary report.
The lawsuit was originally filed by the State of Oklahoma and others in the United States District Court for the Eastern District of Kentucky, where Judge Joseph M. Hood ruled that the HISA was legally created.
After appeal to the U.S. 6th Circuit Court, and October 4, the case was scheduled for oral argument on December 7 after the recent filing of amicus curiae, aka “friend of yours.” court”, summarized by two groups in favor of HISA.
A team of 30 strong industries submitted one of the abstracts. It mainly consists of famous owners, breeders and organizations: Shannon Arvin, Craig Bandoroff, Gary Barber, Jeffrey Berk, Breeders’ Cup Ltd., Gary Biszantz, Donna Brothers, Joel Campbell, Mark Casse, Robert Clay, C. Steven Duncker, Terry Finley, Arthur Hancock, Seth Walker Hancock Jr., Staci Hancock, Fred W. Hertrich III, Ian Highet, Barry Irwin, Stuart S. Janney III, The Jockey Club, Bret Jones, Anthony Manganaro, Christopher McCarron, Daniel Metzger, Chauncey O. Morris, J. Michael O’Farrell Jr., Thomas J. Rooney, George Strawbridge, Vincent Viola and Charlotte Weber.
Politically, a bipartisan brief was filed on behalf of Senate Minority Leaders Mitch McConnell (R-KY) and U.S. Representatives Andy Barr (R-KY), and Paul Tonko (D) -NY). They led the final push to pass HISA in Congress, establishing the Equestrian Safety and Integrity Authority (also known as HISA) under the supervision of the Federal Trade Commission.
“Plaintiff’s main problem with the law,” Hood wrote in the June 2022 decision, “is that the FTC rules will be based on proposed standards set forth by the Competent Authority, which Plaintiffs claim that the FTC is required to pass it, subjecting the FTC to the Authority.”
Hood refutes that argument, keeping the law that regulates the FTC’s Subordinate Authority. Hood also ruled that the law was not an unconstitutional mandate for the FTC of Congress; that the Agency is not unlawful self-interest; that the Authority’s enforcement powers are legitimate; and HISA does not violate the constitution that prohibits Congress from requiring the states to fund and conduct the Agency’s activities.
The decision is the second setback for HISA opponents in federal courts. A lawsuit brought on constitutional grounds in the Eastern District of Texas by the National Horsemen’s Protection and Mercy Association and related HBPAs was dismissed in March by U.S. District Judge James Wesley Hendrix. . The appeal of the lower court’s decision to the Fifth Circuit Court of Appeals of the United States was briefed and contested, and the parties are awaiting a decision.
Both cases are likely to go to the US Supreme Court.
