HISA Opponents Spar On Fifth Circuit's Unconstitutionality Ruling

With the United States Court of Appeals for the Sixth Circuit set to hear oral arguments Dec. 7 in a case that seeks to reverse a lower court's decision to dismiss a constitutional challenge of the Horseracing Integrity and Safety Act (HISA), the two opposing sides have filed new documentation pertaining to a separate but related Nov. 18 decision by the Fifth Circuit that did, in fact, declare HISA unconstitutional. Although it's tough at this stage to get a consensus on what might happen with HISA over the next six...

[ Read More ]
“This is a Voice for All of Us”: Q&A with TOC's Bill Nader

Last week, industry organizations announced the launch of the California Horse Power Coalition, a collaborative endeavor sold as something of a unified foghorn to extol the good word of the sport's economic and cultural impacts. The list of Coalition members reads like a who's who of California racing industry mainstays, including Del Mar, Santa Anita, the Thoroughbred Owners of California (TOC), the California Retirement Management Account (CARMA), the California Thoroughbred Breeders' Association (CTBA) and others. To discuss this new venture--along with a suite of other timely industry talking points--the TDN spoke with newly minted...

[ Read More ]
ARCI'S Ed Martin Joins The TDN Writers' Room

Confusion has reigned ever since an appellate court ruled last week that the Horse Racing and Integrity Act (HISA) is unconstitutional. So what does that mean for the state racing commissions and what should they do going forward? The TDN Writers' Room presented by Keeneland called upon Ed Martin, the chairman and CEO of the Association of Racing Commissioners International to help clear up the situation. Martin was this week's Green Group Guest of the Week. Martin believes that considering the situation HISA should drop the Jan. 1 date and...

[ Read More ]
ARCI's Ed Martin on TDN Writers' Room: What's Next for HISA

ARCI President Ed Martin joins this week's TDN Writers' Room to discuss the recent news that the U.S. Court of Appeals for the Fifth Circuit ruled that HISA is unconstitutional.

[ Read More ]
Arizona's RTIP Global Symposium to be Streamed Online

The University of Arizona's Race Track Industry Program (RTIP) Global Symposium on Racing will be streamed live online by Roberts Communications Network (RCN) on the Racetrack Television Network (RTN). All proceeds from the sales will revert to the RTIP. "We are thrilled to once again stream the Symposium to a global audience," said RTIP Chair Robert Hartman. "While we are expecting a large group of industry attendees, we also understand that travel may not be possible for some, and feel it is important to make these panel sessions available to...

[ Read More ]
Conservative Judges in Sixth Circuit Appeals Court “Does Not Bode Well” for HISA

The conservative bent of two of the three judges on the U.S. Court of Appeals for the Sixth Circuit scheduled to hear another case about the constitutionality of the Horseracing Integrity and Safety Act (HISA) "does not bode well" for the near-term future of the act, said appellate law expert Lucinda Finley. Oral arguments are set for Dec. 7 in the Sixth Circuit Court of Appeals for an appeal of an earlier ruling in U.S. District Court for the Eastern District of Kentucky. That district court found that HISA was indeed constitutional,...

[ Read More ]
No Matter Which Way HISA Goes, CHRB Confident on Rules Consistency

Despite a near-term national forecast clouded with uncertainty over last week's United States Court of Appeals order declaring the Horseracing Integrity and Safety Act (HISA) to be unconstitutional, California Horse Racing Board (CHRB) commissioners on Tuesday expressed confidence their state will be able to weather the projected turbulence over HISA's in-limbo legality better than other jurisdictions. The reason, according to staffers and commissioners who spoke during the Nov. 22 monthly meeting, is that the CHRB has been proactively advancing safety and medication rules for the past few years, and a...

[ Read More ]
Letter to the Editor: Rules

As many people are aware, I have been a member of WHOA and a supporter of HISA from the beginning. I want what we all want. Uniform and sensible medication rules and testing that promotes the integrity of our sport while protecting the innocent and punishing the cheaters. So when I received a call advising me that a horse I help manage was disqualified for an acepromazine positive, I was surprised to say the least. My initial reaction and explanation to the owner was the horse must have had the...

[ Read More ]
Letters to the Editor: Ed Martin, President, Association of Racing Commissioners International

For well over a year, we have been told that the HISA Act was legally bulletproof and within the parameters of the US Constitution. According to a unanimous decision of a three judge panel from both political parties issued last week, such assertions may not be so. The ARCI has not taken sides in this legal dispute, although some of our member agencies have as there are serious issues involving States rights, taxation without representation and commandeering that are at stake. The final outcome of the legal process may not...

[ Read More ]
Q and A With Constitutional Law Expert Lucinda Finley

The latest tumultuous turn in the unfolding saga of the Horseracing Integrity and Safety Act (HISA) was delivered in the United States Court of Appeals for the Fifth Circuit Friday, when the court ruled the law unconstitutional because it cedes too much governmental authority to a private entity, and too little rule-making input to the Federal Trade Commission (FTC), which is charged with ultimately signing off on the law's rules. In the immediate aftermath of the decision, three legal experts weighed in for the TDN on the legal avenues open...

[ Read More ]
If HISA Goes, Honest Horsemen Will Be The Losers

The National HBPA and its affiliates got their wish Friday. The United States Court of Appeals for the Fifth Circuit ruled that the Horse Racing Integrity and Safety Act (HISA) is unconstitutional. As a result, HISA is on life support and very well could be finished. Within hours of the decision being announced, the National HBPA was taking a victory lap, declaring that this was a win for horsemen across the country. "Today's ruling shows the HISA regulations are not in the best interest of thoroughbred racing's participants and, as...

[ Read More ]
Court Decision On HISA Creates Chaos

By Bill Finley & Dan Ross The bombshell decision Friday out of the United States Court of Appeals for the Fifth Circuit that ruled that the Horse Racing Integrity and Safety Act (HISA) was unconstitutional has opened up a pandora's box of problems and had legal experts scrambling to make sense of the opinion and figure out what is the best path forward for HISA after a resounding setback in court. "We have a chaotic situation right now," said attorney Alan Foreman, an expert in equine law and the Chairman/CEO...

[ Read More ]

Never miss another story from the TDN

Click Here to sign up for a free subscription.