Mulling HISA Injunction, Judge Says No to Lengthy Hearing

After receiving back-and-forth written briefs from both parties on whether or not to impose a preliminary injunction that would halt the Horseracing Integrity and Safety Act (HISA) Authority's rules until a lawsuit challenging them gets decided in full, the judge in charge of the case on Friday denied a request by the plaintiffs to hold a potentially lengthy in-person hearing to debate the issue any further.

The plaintiffs, led by the states of Louisiana and West Virginia, plus the Jockeys' Guild and various Louisiana-based “covered persons” under HISA rules, had told the judge Thursday that it was imperative to allow them to plead their case for an injunction in person.

The plaintiffs wrote in a July 21 court document that they were prepared to produce at least 10 witnesses to testify to the “extreme level of disruption that the HISA rules are inflicting on the States, racing commissions, industry, and its participants.”

That witness list consisted of Louisiana-based horsemen's group and racing commission executives, plus racing officials, veterinarians, owners, trainers, jockeys, a state steward, and two Jockeys' Guild representatives. Some of the proposed witnesses were also plaintiffs in the case.

Judge Terry Doughty of U.S. District Court (Western District of Louisiana) wasn't persuaded that he needed to hear all of that testimony before making up his mind. Writing in a July 22 order, he stated that his pending decision on whether or not to grant a preliminary injunction will be based solely on the written pleadings.

The defendants, who consist of the HISA Authority, the Federal Trade Commission (FTC), and board members and overseers of both entities, are alleged to have violated the Fourth, Seventh and Tenth Amendments to the United States Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations.

The defendants have already survived the plaintiffs' motion for a temporary restraining order that accompanied the original lawsuit. That complaint got filed two days before the July 1 effective date for the first phase of HISA's new rules that are now in effect nationwide.

At that time, Doughty wrote that “issuing a temporary restraining order regarding an Act of Congress would be inappropriate.” But he added that the asked-for preliminary injunction could still be a possibility.

The preliminary injunction question the judge must now decide is fundamentally different, but it still has the potential to halt HISA's rules like a temporary restraining order would have.

A temporary restraining order is generally an “emergency” type of injunction to ward off immediate harm, and it has an expiration date. A preliminary injunction, on the other hand, is often used to restrain a party from taking a certain action while a case is pending, and it usually remains in force until the case gets settled in its entirety.

On July 15, the HISA-led defendants wrote in a filing opposing the injunction that, “The vast majority of stakeholders in the horseracing industry recognize the need for uniform regulations and are cooperating with the Authority and the FTC to ensure a smooth transition to this new congressionally mandated regime. But a small contingent of outliers, including Plaintiffs, have long opposed the Act on policy grounds and are growing increasingly desperate in their attempts to thwart its implementation.”

Not so, responded the plaintiffs in their July 22 filing:

“The facts on the ground further expose the flaws in Defendants' description of the horseracing industry since July 1, when HISA's rules took effect. The industry is in chaos because of HISA's hastily adopted and imprudent regulatory scheme. The FTC shares blame for this chaos because it failed to provide proper oversight of a private, nonprofit corporation's takeover-by-regulation of the horseracing industry; its token consideration and rubberstamp approval of HISA's rules fall far short of the substantive and procedural consideration required,” the document stated.

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Despite Heat, Monmouth Officials Confident Haskell Card Will be a Go

With temperatures set to reach the high nineties this weekend in the Mid-Atlantic region, a number of tracks have announced adjusted schedules, but Monmouth Park officials remain confident that the Saturday card featuring the GI Haskell S. will go off as planned.

“First and foremost, we are concerned about the safety of the horses and jockeys and want to make sure we do the right thing,” said Dennis Drazin, who heads the management team at the Jersey Shore track. “But we've been on top of it all week and right now nothing has changed. We think we will be ok.”

The heat was a factor for the running of the 2019 Haskell when temperatures flirted with the 100-degree mark. A decision was made to change the post time of the Haskell from 5:47 p.m. to 8:05 p.m in hopes that the temperatures would drop by the early evening. Six races on the card were cancelled

Drazin explained that the New Jersey Racing Commission rule calls for racing to be halted if the heat index reaches 105. A heat index takes into account the combination of high temperatures and humidity. The Saturday forecast for the Monmouth area is calling for a high temperature of 91 degrees. The National Weather Service has issued a heat advisory for the area through Wednesday of next week.

Drazin said that adjusting the schedule and times of the races Saturday would be a no-win proposition.

“The bottom line is that you put yourself in jeopardy no matter what you do,” he said. “If you  move post time until later and the heat index is still bad at 5, 6 o'clock, then you can't run. If you move it up to 9 o'clock in the morning, you might get some races in but I don't want to start our card at 9 on Haskell day or any other day.”

Post time for Saturday's first race at Monmouth is scheduled for 12:00 and post for the Haskell was listed as 5:45 p.m.

Drazin said the racing commission was monitoring conditions for Friday's card and gave the track the green light to run and hold the races at the regularly scheduled time. Temperatures Friday reached the low nineties.

“We were concerned about the heat index today,” Drazin said Friday. “I've spoken to the racing commission and have been in touch with them all day long. Their executive director has been on top of the weather and we got the blessing to go ahead and start the card. If the heat index ended up later in day to be dangerous, they would stop the racing. Looking at the week and looking at the forecast, we thought Friday and Sunday would be worse than Saturday. So we are hoping it will play out ok and that Saturday will be fine. We are a little concerned about Sunday. We may have to do something about Sunday.”

Meanwhile, tracks in the region were sent scrambling due to the excessive temperatures. The Maryland Jockey Club (MJC) has announced that the Sunday card at Laurel has been cancelled and rescheduled for Thursday. Post time for Saturday's races has been moved from a 12:40 start to 1:50. According to MJC Acting President Mike Rogers, the company uses a protocol called the WetBulb Globe Temperature (WBGT) measurement, which takes into account temperature, humidity, wind speed, sun angle and cloud cover to determine potential heat stress. It is different than the heat index, which takes into consideration temperature and humidity including for shady areas. Rogers said if the WBGT measurement is at 91.4, there is no choice but to cancel racing.

Colonial Downs has announced that Monday's card has been cancelled due to heat concerns. Their scheduled, featured stakes–the $150,000 Colonial Cup at 1 1/2m on turf–will now be run Wednesday, July 27 as originally drawn.

To the west, Ellis Park has announced that its races this weekend have been moved up to 10:30 a.m. local time because of the heat.

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Maryland Jockey Club: WetBulb Globe Temperature Used To Monitor Potential For Heat Stress

The Maryland Jockey Club has changed first post time to 1:50 p.m. from 12:40 p.m. for the Saturday, July 23, program at Laurel Park based on a measurement it uses to monitor extreme heat.

The forecast in the area for Sunday, July 24, led the MJC to announce July 21 that the program has been canceled and rescheduled for Thursday, July 28.

MJC Acting President Mike Rogers explained the company uses a protocol called the WetBulb Globe Temperature (WBGT) measurement, which takes into account temperature, humidity, wind speed, sun angle and cloud cover to determine potential heat stress. It is different than the heat index, which takes into consideration temperature and humidity including for shady areas.

The Occupational Safety and Health Administration also uses the WBGT to manage workload in direct sunlight.

“It's used by all major sports, the military and the Federation Equestre Internationale as a better way of determining whether heat exposure will be a risk to performance,” Rogers said. “We've been using the measurement. It's not just about temperature—95 degrees can feel different in direct sunlight rather than shade.”

Rogers said if the WBGT measurement is at 91.4, there is no choice but to cancel racing. The predicted number for noon July 23 is about 90—very high—but it is expected to lower as the day goes on, he said. (The National Weather Service forecast for July 23 calls for lower dew point and humidity numbers after 1 p.m. with increasing temperatures.)

“The (measurement) lowers as the day goes on,” Rogers said. “Moving racing later in the day gives us better safety (for horses and riders).”

Of possibly racing a twilight card with a later first post of 4 p.m., for example, Rogers said: “On such short notice we thought that would be more challenging to do. But it's something worth considering going forward.”

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Grade 1 Winner Bella Sofia Streaks Into Wednesday’s Honorable Miss

Michael Imperio, Medallion Racing, Sofia Soares, Vincent Scuderi, and Parkland Thoroughbreds' Bella Sofia returns to the site of her first Grade 1 score in Wednesday's Grade 2, $200,000 Honorable Miss Handicap, a six-furlong sprint for older fillies and mares at Saratoga Race Course.

Trained by Rudy Rodriguez, the 4-year-old Awesome Patriot dark bay made her graded debut a winning one last summer, drawing off to a 4 1/4-length score in the seven-furlong Grade 1 Longines Test.

She returns Wednesday off a pair of graded wins at Belmont Park for the first of two expected starts at the Spa, including the Grade 1, $500,000 Ballerina Handicap on August 28 at the Spa, a “Win and You're In” for the Grade 1 Breeders' Cup Filly and Mare Sprint.

“The Breeders' Cup is our ultimate goal,” Rodriguez said. “To see her come back the way she's doing is a plus. Sometimes, it's difficult for horses from 3-to-4, but her coming back and doing the same thing as last year is special for us.”

Bella Sofia made her seasonal debut in the 6 1/2-furlong Grade 3 Vagrancy on May 14 off a six-month layoff, battling to the wire with returning rival Frank's Rockette to prevail by a nose.

Last out, Bella Sofia made every pole a winning one, staving off Grade 1-winner Obligatory for a half-length win in the seven-furlong Grade 2 Bed o' Roses on June 10.

Rodriguez said Bella Sofia has trained forwardly out of the Bed o' Roses, including a bullet five-eighths breeze in 59.20 under regular pilot Luis Saez on July 16 over the Saratoga main track.

“It was a good work,” Rodriguez said. “I wanted to have a nice work, so I let Luis breeze her. She might blow out again tomorrow. She's ready to go. She looks like she came back good out of the race.

“She's a lot more mature this year. She's stronger,” Rodriguez added. “She lets you do a lot more things. She's getting older and I think that helps us.”

Bella Sofia followed up her Test win last summer with a 3 1/2-length score over Lady Rocket in the Grade 2 Gallant Bloom Handicap in September at Belmont ahead of a fourth-place finish in the Grade 1 Breeders' Cup Filly and Mare Sprint in November at Del Mar while making the sixth start of her sophomore campaign.

While there is other speed signed on in the compact four-horse field, Rodriguez said he is confident Saez, last year's leading rider at the Spa, will work out a trip.

“She's a very good horse out of the gate. There's going to be a lot of speed this time, but Luis knows her very well,” Rodriguez said. “I think she can sit. She doesn't necessarily need the lead, but she always breaks very good. It may not make sense for us to try and change things at this stage. If the race presents different, then Luis has to use his own judgment. He's one of the best jockeys in the country and he knows the filly very well. We just have to bring her over in the best way we can and everything else is in God's hands.”

Bella Sofia, assigned a field-high 125 pounds, will leave post 2 under Saez.

Frank Fletcher Racing Operations' Frank's Rockette will look to turn the tables on Bella Sofia for Hall of Fame trainer Bill Mott. The 5-year-old Into Mischief bay has completed the exacta in both starts this year after running second to Acting Out in the Carousel in April at Oaklawn Park.

Frank's Rockette has proven to be extremely effective at the Spa, finishing second in both the Grade 2 Adirondack and Grade 1 Spinaway as a juvenile in 2019. She added the 2020 Grade 2 Prioress to her ledger here just two months after making the grade in the Grade 3 Victory Ride at Belmont.

Last year, Frank's Rockette picked up stakes wins in the American Beauty at Oaklawn and the Saylorville at Prairie Meadows in an eight-start campaign that included graded-placings in the Grade 3 Winning Colors at Churchill Downs and the Grade 3 Sugar Swirl at Gulfstream Park.

Frank's Rockette will carry 121 pounds when exiting the inside post under Flavien Prat, who was aboard for both starts this season.

Westerberg, Mrs. John Magnier, Jonathan Poulin, Derrick Smith and Michael Tabor's graded-stakes winner Kimari, a 5-year-old Munnings bay, will make her Spa dirt debut for trainer Wesley Ward.

The versatile Kimari boasts multiple wins on dirt and turf led by a three-quarter length score in last year's seven-furlong Grade 1 Madison over the Keeneland main track, besting graded-stakes winner Estilo Talentoso and multiple graded-stakes winner Bell's the One, who dead-heated for place.

She exited the Madison to finish a closing seventh in the Grade 1 Breeders' Cup Turf Sprint at five furlongs in November at Del Mar to close out a three-start campaign that included a score in the Spring Fever at Oaklawn.

Kimari has made three starts this season, taking an optional-claimer in March at Gulfstream ahead of a third-place effort when defending her title in the Grade 1 Madison in April at Keeneland. She enters from an even fifth-place finish in the seven-furlong Grade 1 Derby City Distaff on May 7 at Churchill Downs.

Ward said he drew a line through her most recent effort.

“She was coming back on short rest and there's a big difference between Churchill's main surface and Keeneland. I think she'll run a big race here,” Ward said.

Kimari breezed five-eighths over the Oklahoma training track on Thursday in 1:01.31.

“She's had some really nice spacing and some great workouts at Keeneland,” Ward said. “And then she had a nice breeze here yesterday on the Oklahoma track.”

Joel Rosario, aboard for the Grade 1 score, retains the mount from post 4 and Ward said he is hopeful the expected speed will benefit Kimari [123 pounds].

“Joel has ridden her great in all of her races. Historically, she breaks slow, so we'll let the speed go,” Ward said. “It's a six-furlong sprint, but there's some fast ones in there.”

Ohio-bred Amadevil, trained and co-owned by David Wolochuk with Blue Snow Racing Stables, has won 7-of-8 starts beginning with an eye-opening 24 1/4-length debut win last June at Thistledown, covering five furlongs in 57.48.

“It was quick,” said Wolochuk of the debut that garnered a 94 Beyer Speed Figure. “We always thought she'd have talent for the Ohio-bred program.”

Unraced as a juvenile, the 4-year-old Dominus bay launched her career with a five-race win streak against fellow state-breds at Thistledown, taking the Michael G. Mackey Memorial Angenora in September and the Scarlet and Gray Handicap in October.

Amadevil traveled to Mahoning Valley in November for the six-furlong First Lady, battling for the lead with Esplanade through a quarter-mile in 22.30 before taking over after a half-mile in 45.33, but could not turn back the rally of Tivis, who prevailed by 1 1/2-lengths.

She avenged that lone defeat with a 1 1/2-length score in her seasonal debut in an eventful six-furlong open-company allowance under regular rider Chelsey Keiser at Thistledown in which Tivis settled for third.

“They loaded her last and she never got set and she went straight up in the air. She got herself left about five lengths,” Wolochuk said. “Then she went all the way to the outside rail. The jock lost her irons for about two jumps out of there and then she recovered and they won. No harm, no foul. The good ones overcome me, the rider and all the rest of it.”

Last out, Amadevil drew off to a 5 3/4-length score in the restricted Best of Ohio Diana on June 3 at Belterra.

Wolochuk will now look to saddle his first graded winner in just his third attempt as he sends his first horse to Saratoga. He said the start in the Honorable Miss is the culmination of a long-range plan.

“We mapped out a plan last year and have stuck to it. We thought she was immature as a 3-year-old and sent her down to Ocala for the winter,” Wolochuk said. “She's really matured and filled out. I'm really happy with where she is. Training wise, she's better now than she's ever been.”

Jose Ortiz picks up the mount from post 3 on Wednesday and Wolochuk said he expects a prominent trip for Amadevil [117 pounds], but will leave it in the hands of the talented rider, who recently earned his second ESPY as Best Jockey.

“Hopefully, we can hit the board and get her graded-stakes placed for the value of the broodmare,” Wolochuk said. “We expect a good effort but at the end of the day as long as she comes back healthy, that's all we care about.”

Bred in Ohio by Imagine, Amadevil is out of the Pulpit mare Preachette.

The Honorable Miss is slated as Race 4 on Wednesday's 10-race card. First post is 1:05 p.m. Eastern.

Saratoga Live will present daily coverage and analysis of the summer meet at Saratoga Race Course on the networks of FOX Sports. For the complete broadcast schedule, visit https://www.nyra.com/saratoga/racing/tv-schedule.

NYRA Bets is the official wagering platform of Saratoga Race Course, and the best way to bet every race of the summer meet. Available to horse players nationwide, the NYRA Bets app is available for download today on iOS and Android at www.NYRABets.com.

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