August, 2022 | Horse Racing Free Tips

HISA Rules Back in Force Nationwide After Appeals Court Ruling

A temporary “administrative stay” ruling issued Wednesday night by a panel of three judges from the United States Court of Appeals for the Fifth Circuit means that “pending further consideration,” Horseracing Integrity and Safety Act Authority (HISA) rules are back in effect nationwide.

The Aug. 3 court order trumps a preliminary injunction issued July 26 by a lower U.S. District Court (Western District of Louisiana) judge that had halted the HISA rules in Louisiana and West Virginia pending the outcome of an underlying lawsuit in that court.

In that June 29 civil case, 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 Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations.

The plaintiffs are the state of Louisiana, its racing commission, the Louisiana Horsemen's Benevolent and Protective Association, the Louisiana Thoroughbred Breeders Association, the Jockeys' Guild, the state of West Virginia, its racing commission, and five individuals regulated as “covered persons” under the HISA Act.

The Aug. 3 temporary ruling at the Appeals Court level didn't state a specific timetable for how long it might be in effect.

In addition to setting aside the injunction pertaining to the HISA rules, the stay from the Appeals Court will also put a hold on the lower court making any sort of ruling on a dispute over the wording in the injunction itself.

Plaintiffs and defendants have different interpretations of whether the geographic scope of the injunction applied to entities in just Louisiana and West Virginia or also included all Guild-member jockeys, regardless of where they ride. The defendants had asked the lower court to issue a clarification.

In support of its request that the Appeals Court stay the lower court's injunction, the FTC defendants wrote in an Aug. 1 filing that, “Both the government and the public will be irreparably harmed if the district court's preliminary injunction setting aside the Commission's regulatory program in its entirety in two States remains in effect until this Court resolves this appeal on the merits.

“The Commission's regulations, particularly the approximately five dozen rules addressing racetrack safety, are designed to protect and promote the health of horses, jockeys, and other horseracing participants. The district court's order eliminates those protections, impeding the Commission's ability to accomplish the Act's public purpose and threatening the very harms the regulations are aimed at preventing.”

The FTC filing continued: “The district court's order, entered three weeks after the Commission and Authority began implementing the Commission's regulations, also threatens to sow confusion within the horseracing industry with respect to the rules governing horse races, undermining the Commission's and Congress's interest in a uniform and predictable set of rules governing the conduct of horseracing. Conversely, any harm to plaintiffs from a stay will be slight, if it exists at all.”

In opposition to the motion to stay, the plaintiffs disagreed in an Aug. 3 Appeals Court filing:

“The irreparable harm Plaintiffs would suffer from a stay puts the public interest and balance of harms beyond doubt. Any harm to Defendants' nonexistent interest in furthering an illegal regulatory scheme is easily outweighed by Plaintiffs' irreparable harms,” the plaintiffs wrote.

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Six Of Europe’s Top Juveniles Line Up In Saturday’s Phoenix At The Curragh

Six of Europe's top 2-year-olds will line up in the Group 1 Keeneland Phoenix Stakes this Saturday at The Curragh.

A strong British trained challenge for the Group 1 race includes Coventry Stakes winner Bradsell trained by Archie Watson and the Richard Hannon-trained Persian Force, who recently landed the July Stakes in Newmarket.

Trainer Aidan O'Brien has two runners with Jebel Ali Racecourse and Stables Anglesey Stakes winner Little Brown Bear and Blackbeard recent winner of the Prix Robert Papin.

GAIN Railway Stakes winner Shartash will represent trainer Johnny Murtagh, while Apache Outlaw will represent Joseph O'Brien.

There are 12 runners in the Rathasker Stud Phoenix Sprint. The Group 3 has attracted a strong British trained team including Go Bears Go, Wings of War and Dubawi Legend. Other notable contenders including Moss Tucker, Power Under Me, Teresa Mendoza, Castle Star, Ano Syra, Gustavus Weston, Scared Bridge and New York City.

There are 9 runners for the Sheehy Motors Volkswagen Handicap, 14 runners for the Donohue Marquees Handicap, 11 in the Loder EBF Race, 15 runners in the John Ormonde Gallop and Arena Construction EBF Maiden, 9 runners in the AK Bets Higher Limits Better Prices Handicap and 13 runners in the opening John Ormonde Wexford Sand EBF Maiden.

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John Hayes Steps Down As Independent Chair Of Ontario Racing

Ontario Racing (OR) is announcing that John Hayes is stepping down as its Independent Chair, after four years leading the organization.

Hayes was the first person to assume the position of OR's Independent Chair, entering the role in March of 2018.

During Hayes' tenure OR strengthened the relationship between government partners and the horse racing industry through the establishment of the Long-Term Funding Agreement, showed a strong dedication to the industry's strategic goals, and navigated difficulties posed by the COVID-19 pandemic.

“Horse racing is a unique partnership between all participants including owners, breeders, horsepeople and racetracks,” said Hayes. “If one of the cogs is experiencing an issue, the other gears will not work as well. Building strong relationships with these partners and trusting those relationships allowed us to achieve our goals and overcome challenges in these past four years.”

The Long-Term Funding Agreement has provided stability, and a roadmap to a sustainable horse racing industry. Under Hayes, Ontario Racing has worked to ensure all parties involved are united in achieving this goal.

Katherine Curry was the first Executive Director of Ontario Racing and worked closely with Hayes during her time in the role, when the Long-Term Funding Agreement was instituted.

“It has been an immense pleasure to work with John,” said Curry, current Ontario Racing Board Member, and Vice President of Legal and Compliance at Woodbine Entertainment Group. “The Long-Term Funding Agreement represents an unprecedented level of collaboration between the horse racing industry and its government partners, and John helped Ontario Racing lay the groundwork for its current and future success.”

The COVID-19 pandemic posed tremendous challenges to the horse racing industry, and OR through assistance from its government partners and extraordinary effort from the industry, came together to support horsepeople and equine athletes alike. Hayes' leadership was instrumental in the solutions that OR developed and executed.

“John is definitely a consensus builder. He can be very influential, because in his own quiet and dignified way he makes his point without pressure to the person he is speaking to,” said Sue Leslie, Ontario Racing Board Member and President of the Horsemen's Benevolent Protective Association of Ontario. “John has a lot of class, and he has led with dignity. When you have class and dignity at the top, it sets the tone, and everyone follows. Ontario Racing will miss him, and his leadership.”

While the Long-Term Funding Agreement and the challenges of the COVID-19 pandemic were the largest items on OR's agenda the last four years, Hayes' leadership also touched the work the organization has done with breeding programs, equine welfare, and aftercare. The success of these efforts is a testament to his dedication to helping all facets of the horse racing industry.

“John was always looking for the betterment of each sector of the industry, whether that be Quarter Horse, Thoroughbred, or Standardbred, and the groups within those sectors,” said Walter Parkinson, Ontario Racing Board Member, and President of the Standardbred Breeders of Ontario Association. “His dedication, knowledge, and passion for Ontario's horse racing and breeding industry is unquestionable. The industry as a whole benefited greatly from his time at Ontario Racing.”

A lifelong fan of the sport, Hayes will continue to stay involved in the industry as an owner. He is looking forward to seeing OR's next Independent Chair lead the organization and the horse racing industry writ large as it continues to build a healthy and thriving industry in the province of Ontario.

“I look forward to remaining involved in the horse racing industry in Ontario,” said Hayes. “Thanks to our work the past four years, we are on a strong path, and I look forward to seeing the future successes of the industry.”

OR is currently seeking applications for its next Independent Chair. Click here to apply.

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Hayes Steps Down as Independent Chair of Ontario Racing

Ontario Racing (OR) confirmed that John Hayes will step down as its Independent Chair, after leading the organization since March of 2018.

The Long-Term Funding was among initiatives established under Hayes. Katherine Curry, the first Executive Director of Ontario Racing, worked closely with Hayes during her time in the role, when the Long-Term Funding Agreement was instituted.

“The Long-Term Funding Agreement represents an unprecedented level of collaboration between the

horse racing industry and its government partners, and John helped Ontario Racing lay the groundwork for its current and future success,” said Curry, current Ontario Racing Board Member, and Vice President of Legal and Compliance at Woodbine Entertainment Group.

While the Long-Term Funding Agreement and the challenges of the COVID-19 pandemic were the largest items on OR's agenda the last four years, Hayes' influence also impacted the work the organization has done with breeding programs, equine welfare, and aftercare.

Added Sue Leslie, Ontario Racing Board Member and President of the Horsemen's Benevolent Protective Association of Ontario, “John has a lot of class, and he has led with dignity. When you have class and dignity at the top, it sets the tone, and everyone follows. Ontario Racing will miss him, and his leadership.”

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