A last-ditch attempt by the National HBPA and others to stop the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control program from re-launching May 22 was denied by a federal judge in Texas on Wednesday.
Judge James Wesley Hendrix, who twice previously ruled that the 2020 law creating HISA is constitutional, denied a motion for an injunction sought by the National HBPA and other plaintiffs as part of a lawsuit filed in U.S. District Court, Northern District of Texas, Lubbock Division.
“As detailed in its 55-page Memorandum Opinion and Order, the plaintiffs have not established a likelihood of success on the merits,” Hendrix wrote in Wednesday's order. “The plaintiffs misunderstand the correct standard for a district court considering a motion for injunction pending appeal.”
The plaintiffs in the suit won an appeal from the Fifth Circuit Court of Appeals last November after Hendrix originally found the federal law creating HISA constitutional. In its order, the Fifth Circuit remanded the case back to Hendrix, who ruled on May 4 that an amendment added to the HISA law in December satisfied the Fifth Circuit's concerns that the Federal Trade Commission was playing a subservient role to a private entity, HISA.
The plaintiffs have appealed that May 4 order to the Fifth Circuit Court of Appeals once again.
The Sixth Circuit Court of Appeals, asked to review a separate unsuccessful lawsuit from HISA opponents, similarly found that the amendment giving greater authority to the FTC answered those concerns expressed by the Fifth Circuit.
HISA's Anti-Doping and Medication Control program launched in late March, then a few days later was delayed until May 1 by a court order that found the FTC did not adhere to administrative procedures providing for a public comment period before approving regulations. The FTC then delayed the program's launch from May 1 to May 22 in order for the first two legs of the Triple Crown to be run under existing state regulatory rules.
“The resumption of the ADMC program is not only an important milestone in our mission to strengthen the integrity and safety of Thoroughbred racing but also a necessary step towards our collective goal of always prioritizing horse welfare,” Lisa Lazarus, CEO of HISA, said in a newsletter sent to racing participants on Thursday.
“After the program's successful initial rollout in late March, I am confident that the Horseracing Integrity & Welfare Unit (HIWU) is prepared to implement the modernized collection protocols, the centralized and efficient results management system and the intelligence-driven investigatory oversight racing deserves,” Lazarus continued. “Under the ADMC program, both Anti-Doping and Controlled Medication alleged rule violations will be made public within weeks of being detected in the lab, introducing heightened transparency and accountability to the results management and adjudication process. HISA is grateful to partner with HIWU under the leadership of executive director Ben Mosier in this critical undertaking.”
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