In reference to Thursday's filing of the Thoroughbred Horseracing Integrity Act.
From a big picture perspective, I am happy to see bi-partisan support for the Thoroughbred Horseracing Integrity Act of 2015 (THIA). To all of those Congressional leaders who support oversight by the United States Anti-Doping Agency (USADA) and the banning of raceday medications, thank you for putting your name behind legislation that is aimed at helping our industry. I am also very encouraged to see USADA put its muscle behind such legislation. Moreover, I share in Barry Irwin's sentiments published in the TDN July 17 that those opposed to independent oversight of drug testing and enforcement have yet to raise a viable argument. There are many things to like about the bill.
Nonetheless, the THIA could be better. It actually does not ban raceday medications and only adopts the status quo with respect to “therapeutic medications” and Lasix use. As someone who spends her life in court debating statutory interpretation, I can tell you that legislative drafting 101 is this: put it in black and white. If something is not included in a bill then its omission is considered intentional which could ultimately backfire if that statute is challenged one day in court. Thus, because the THIA fails to actually ban all raceday medications, its omission is deemed intentional. This is so even though within the bill there is the possibility that maybe, perhaps, just one day down the road at the whim of this new alphabet oversight group, the Thoroughbred Horseracing Anti-Doping Authority (THADA), all such medications could ultimately be banned. Why leave it to chance? Why are those groups behind the THIA so afraid of putting such a ban in writing if that is the ultimate hope anyway? Why not take a stand and be on the right side of history?
Not a subscriber? Click here to sign up for the daily PDF or alerts.
