A U.S. District Court for the Western District of Louisiana has granted a motion for a preliminary injunction against the Horseracing Integrity and Safety Authority in its operations in Louisiana and West Virginia.
Judge Terry A. Doughty issued a decision July 26 granting the motion brought by plaintiffs including the state of Louisiana, the Louisiana State Racing Commission, Louisiana HBPA, Louisiana Thoroughbred Breeders' Association, Jockeys' Guild, state of West Virginia, and West Virginia Racing Commission among others.
The motion is part of a lawsuit by the plaintiffs which challenges the legality of the Authority's regulatory scope, as they characterize the Authority as a private entity which is housed under the Federal Trade Commission's oversight.
Specifically, Doughty examined claims by the plaintiffs that the 14-day comment period provided for proposed rules was too short per federal standards, and also that several of the HISA rules go “beyond the statutory authority given to HISA and the FTC.” The court took particular interest in the definition of “covered horses” under HISA, the language allowing potential seizure of records associated with people caring for covered horses, and the Authority's cost assessment structure.
The preliminary injunction will only block HISA's administration of racetrack safety rules, enforcement rules, and assessment methodology rules in Louisiana and West Virginia. It does not apply to other states or racetracks. The injunction will be in place while the civil case continues.
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