A federal judge in Oklahoma has refused to issue a temporary restraining order against the Horseracing Safety and Integrity Authority following an Aug. 7 hearing.
The Aug. 8 order dismissed a motion filed by eight Oklahoma racehorse owners, trainers and an assistant trainer. Seven of those plaintiffs were among others who filed and voluntarily dismissed a similar lawsuit involving nearly identical claims more than a year ago. The current filing seeks to block HISA from overseeing the upcoming meet at Remington Park.
The August 7 hearing was attended by attorneys on both sides of the dispute before U.S. District Court for the Western District of Oklahoma Chief Judge Timothy D. DeGiusti, who had previously declined to issue an emergency temporary restraining order before notice of the matter had been sent to HISA and the Federal Trade Commission, another defendant.
Following an August 7 hearing, DeGiusti found that the plaintiffs “failed to present sufficient evidence of irreparable harm to warrant the special remedy of an injunction, specifically the issuance of a TRO,” and directed the case to “proceed in the ordinary course in which all parties have an opportunity to make, and the Court has the ability to consider, an orderly presentation…”
The Oklahoma lawsuit comes as two federal appeals courts have found HISA’s regulatory authority to be constitutional. The two courts are divided on whether HISA’s enforcement authority is constitutional.
