Horseracing Integrity and Safety Act

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky. Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where. With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week. California Track: Santa Anita Date: 01/13/2023 Licensee: Tim Yakteen, trainer Penalty:...

Parties on both sides of a Sixth Circuit United States Court of Appeals case that seeks to reverse a lower court's decision to dismiss a constitutional challenge of the Horseracing Integrity and Safety Act (HISA) argued via written briefs Thursday as to whether or not a pro-HISA law passed at the tail end of 2022 renders as "moot" any constitutionality claims in the under-appeal lawsuit. The Jan. 12 briefs were filed in accordance with a Dec. 30 request from the Sixth Circuit to explain how the Dec. 29 signage of...

The National Horsemen's  Benevolent and Protective Association (NHBPA) and 12 of its affiliates have filed a legal challenge to a Jan. 3 "emergency" motion made by the Horseracing Integrity and Safety Act (HISA) Authority that had asked for the United States Fifth Circuit Court of Appeals to vacate its recent HISA unconstitutionality order. In essence, the horsemen's opposition to the request for emergency treatment stated that no pressing need or harm exists to speed up what would usually be a full 10 days for the NHBPA and other co-plaintiffs from...

Citing the year-end passage into law of a bill that included language giving the Federal Trade Commission (FTC) more rule-making authority in the Horseracing Integrity and Safety Act (HISA), officials from HISA and the FTC who are defendants in two lawsuits before the Fifth Circuit United States Court of Appeals filed four separate documents on Tuesday seeking to vacate two opinions related to constitutionality issues and get rehearings in both cases. In one lawsuit initiated by the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates against...

As the deadline looms for congress to insert language into the full year-end omnibus spending bill to fix constitutional question marks surrounding the Horseracing Integrity and Safety Act (HISA), proponents and critics of the law have taken to an epistolary standoff. Last week, trainers Wesley Ward and Larry Rivelli issued a letter through the National Horsemen's Benevolent and Protective Association (HBPA) critiquing various aspects of the national program for "too many flaws, missteps and costs that could have been averted with true inclusion and transparency in its development." Earlier this...

Draft language has been inserted into the full-year omnibus spending bill designed to fix a constitutional problem with the Horseracing Integrity and Safety Act (HISA) identified by the Fifth Circuit Court of Appeals, which found in November that the law as written doesn't afford the Federal Trade Commission (FTC) enough authority in the rule-making process. In short, the draft omnibus spending bill cedes the FTC--the governmental agency which ultimately signs off on any new HISA rule--new autonomy to remove, add to and tweak language in the rules constructed by the...

With Congress passing a short-term bill to fund the government for a matter of days, efforts to include in the full-year omnibus spending bill a legislative fix to the constitutional problems dogging the Horseracing Integrity and Safety Act (HISA) is coming down to the crunch, Friday of next week the deadline to pass such a bill before the make-up of Congress changes shape next year. So, where does this all leave HISA? The answer resembles a puzzle box shaken onto the floor, with HISA offering limited direction as to how...

The National HBPA issued a letter today saying the organization was approached by trainers Wesley Ward and Larry Rivelli to help facilitate an open letter to the industry. While this is being distributed by the National HBPA, which also assisted in putting the letter together, the sentiments are those of trainers Wesley Ward, Larry Rivelli and the undersigned horsemen and racing participants. They encourage others who agree with this letter to add their name by using the link here and below. More than 400 have signed up in 24 hours...

In an order Monday, the Federal Trade Commission (FTC) announced that the Horseracing Integrity and Safety Act's (HISA) anti-doping and medication control (ADMC) program would not go into effect as scheduled Jan. 1 due to swirling legal uncertainty. "The bedrock principle of the Act is the need for uniformity," wrote the FTC in the order, adding that "the Commission's approval of the Anti-Doping and Medication Control proposed rule would not result in uniformity because the Horseracing Integrity and Safety Act has been held unconstitutional by a panel of the United...

Lisa Lazarus, the chief executive officer for the Horseracing Integrity and Safety Authority (HISA), on Tuesday made an appeal for sport-wide unity with United States racing on the cusp of a Jan. 1 roll-out of HISA's Anti-Doping and Medication Control rules. "I want you to think about what this sort of change is going to mean for the industry," Lazarus said. "It's going to look and feel different, and it's going to allow us to say to those that are our detractors, to those that doubt horse racing is clean,...

Despite all the legal jockeying these past few weeks and months, the Horseracing Integrity and Safety Act's (HISA) anti-doping and medication control program still appears set for launch on Jan. 1 in the vast majority of states that conduct pari-mutuel wagering. This means on the first day of 2023, thousands of trainers, veterinarians and other backstretch workers must grapple with a new set of rules guiding how and when to administer a set of everyday medications--the list of which can be found here--to avoid falling foul of a post-race and...

by Ken Lowe (TDN is re-running this letter to the editor, which originally appeared in Wednesday's newsletter, due to editing errors). There were many empty seats at the table when HISA was invented, that being "Middle America Racing", comprised of almost every jurisdiction between "the moon (California) and New York City (NYJC)." Now, being "blue collar horse folks," we all know it takes three (3) legs for a stool and in this "fixed race" it was Kentucky. Throw kerosene on the flames, when certain trainers were indicted by the Feds...