NHBPA

A Monday order out of the United States Court of Appeals for the Fifth Circuit shot down a request for a rarely granted "en banc" procedure that the Horseracing and Safety Integrity Act (HISA) Authority and the Federal Trade Commission (FTC) had asked for last month. Had the long-shot legal maneuver been successful, it would have granted a rehearing before all of that court's judges to review a July 5, 2024, opinion issued by a panel of three that had declared HISA is unconstitutional because its enforcement provisions violate the...

On Friday--the final day of the National HBPA Conference at Prairie Meadows--a panel entitled "Establishing No-Effect Thresholds and the Importance for the Industry" was led by practicing equine veterinarian and researcher Dr. Clara Fenger. She cited the Horseracing Integrity & Safety Authority's enabling legislation that HISA-covered horses "should compete only when they are free from the influence of medications ..." (her emphasis added). Fenger's point: Testing many substances to limit of detection--if the lab can find it, it's a violation, no matter how tiny the amount and whether it impacts...

The July 5 opinion out of the United States Court of Appeals for the Fifth Circuit that declared that part of the Horseracing Integrity and Safety Act (HISA) is unconstitutional is generating legal filings from both sides in a related case awaiting a decision in the Eighth Circuit. Both the plaintiffs/appellants in the Eighth Circuit case (led by Bill Walmsley, the president of the Arkansas HBPA, and Jon Moss, the executive director of the Iowa HBPA) and the defendants/appellees (executives with the HISA Authority and the Federal Trade Commission [FTC]),...

A judgment Friday by the United States Court of Appeals for the Fifth Circuit declared that part of the Horseracing and Safety Integrity Act (HISA) is unconstitutional. Even though the three-judge panel agreed with "nearly all" of a lower court's ruling that other contested aspects of HISA's constitutionality were fixed by a Congressional amendment to the law in 2022, the panel's one unconstitutional finding has to do with the HISA Authority's broad powers to investigate and operate. The gravity of that unconstitutionality opinion could be enough to send the case...

The United States Supreme Court will not hear a challenge to the Horse Racing Safety and Integrity Act (HISA) filed by Oklahoma, Louisiana and West Virginia after the Sixth Court Circuit's Court of Appeals found that HISA is constitutional, according to an announcement from the Supreme Court Monday. "Certiorari denied," was the only statement coming from the court regarding the ruling, which was included among a monthly list of numerous other writ approvals and denials that the Supreme Court made public in batch format June 24. A writ of certiorari...

Owner Jordan Wycoff was victorious with his only two entrants on Saturday's Claiming Crown card, executing a similar strategy with both favored winners. Each had met their respective starter-allowance eligibility conditions by only once having raced at or below the required minimum claiming price. And both recently had been running against tough competition on the New York and Kentucky circuits before overpowering their fields at Fair Grounds in a rain-soaked renewal of the annual event nicknamed "the blue-collar Breeders' Cup." One of Wycoff's wins Dec. 2 was delivered by Money...

Edited Press Release Ken Ramsey is back at the Claiming Crown. If he has only three horses (in two races) running in the program designed to showcase American horse racing's blue-collar horses, it's not for a lack of effort. The 88-year-old Ramsey is the winningest owner in the history of the Claiming Crown, which will be staged for the 25th time this Saturday at the historic Fair Grounds Race Course & Slots. But his last starter came with Peru (GB) (Motivator {GB}), whose victory in the 2018 Claiming Crown Tiara...

A 2 1/2-year-old legal fight led by the National Horsemen's Benevolent and Protective Association (NHBPA) to try and overturn the Horseracing Integrity and Safety Act (HISA) based on alleged constitutional flaws got distilled into one hour of oral arguments on Wednesday in the case's second go-round before the United States Court of Appeals for the Fifth Circuit in New Orleans. As expected, lawyers for the two sides stuck to the finer points of constitutionality law, and there were only several passing references related to horse racing. The arguments centered on...

The North American Association of Racetrack Veterinarians (NAARV) is arguing for the United States Court of Appeals for the Fifth Circuit to overturn the Horseracing Integrity and Safety Act (HISA) on constitutional grounds because the law allegedly "places the racetrack veterinarians at a greater risk than other covered persons" from a due process standpoint. Chief among the assertions made by the NAARV in a 51-page "friend of the court" brief filed July 14 are that "initial findings of wrongdoing by a member of NAARV, pursuant to HISA, result in a...

With oral arguments tentatively scheduled for the first week in October, the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates told the United States Court of Appeals for the Fifth Circuit on Wednesday that the rewritten version of the Horseracing Integrity and Safety Act (HISA) remains "patently unconstitutional," and that the Authority overseeing the sport "is basically a private police department" whose sweeping powers equate to "oligarchic tyranny." As the appellants in a lawsuit that has persisted in the federal court system for more than 27...

The Texas judge handling the National Horsemen's Benevolent and Protective Association (NHBPA) constitutionality lawsuit that is trying to halt the Horseracing Integrity and Safety Act (HISA) on Wednesday refused to grant an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program. In issuing his order, United States District Court Judge James Wesley Hendrix of the Northern District of Texas (Lubbock Division) pointed out that it is the second time in two weeks that he has informed the plaintiffs in a court order that...

In two separate court filings Thursday, the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) both sharply criticized the National Horsemen's Benevolent and Protective Association (NHBPA)'s decision to seek an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program. What stood out was that neither the HISA Authority nor the FTC shied from trying to link the NHBPA's desire to maintain the "status quo" to the grim headlines that have dominated the sport over the past week. "Seven...