A federal lawsuit accompanied by a request for a temporary restraining order and injunction has been filed in in an effort to block the Horseracing Integrity and Safety Authority from enforcing rules that are to go into effect July 1.
The suit, filed June 29 in United States District Court for the Western District of Louisiana, names as plaintiffs the states of Louisiana and West Virginia, along with their respective state racing commissions, the Louisiana Horsemen's Benevolent and Protective Association, Louisiana Thoroughbred Breeders Association, the Jockeys Guild and several individuals from Louisiana who would be “covered persons” under the Authority.
The defendants are the Horseracing Integrity and Safety Authority, its CEO Lisa Lazarus and the Authority's board members, the Federal Trade Commission that oversees the Authority, and several individuals associated with the FTC.
The complaint lists 12 counts, ranging from anti-commandeering (alleging Congress has commandeered the authority of state racing commissions through the Horseracing Integrity and Safety Act that created the Authority); multiple violations of the Administrative Procedure Act; and violations of the Fourth and Seventh Amendments of the U.S. Constitution guaranteeing a right to a jury trial and protection against unreasonable search and seizures, respectively.
Two previous lawsuits were thrown out by federal judges in Texas and Kentucky, including one suit filed by the state of Louisiana and joined by West Virginia. The Louisiana HBPA was part of another similarly rejected lawsuit filed by the National HBPA. Both decisions are being appealed.
New to this lawsuit is the Jockeys' Guild, whose co-chairman, Hall of Fame rider John Velazquez, serves on the Authority's Racetrack Safety Standing Committee that helped draft the rules slated to go into effect July 2. July 1 is the registration deadline for horses and individuals defined by the Authority as “covered” under the Act.
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