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Six New States File Amicus Brief In HISA Unconstitutionality Lawsuit

Six states have filed an amicus “friend of the court” brief in support of the unconstitutionality lawsuit for the Horseracing Integrity and Safety Act (HISA) working its way through federal court in Lexington, Ky., according to a report on harnesslink.com.

The amicus brief contends that HISA amounts to a private club having governmental powers, and thus is unconstitutional.

The six filing states are: Ohio, Alaska, Arkansas, Idaho, Mississippi, and Nebraska.

They join Oklahoma, West Virginia, and Louisiana, along with the United States Trotting Association, several state racing commissions, the Oklahoma Quarter Horse Racing Association, several Native American-owned race tracks, and Hanover Shoe Farms, Inc.

Jockey Club Gets Permission to File Brief in Baffert Affair

The Jockey Club (TJC) was granted permission to file its proposed amicus brief in trainer Bob Baffert's federal lawsuit against the New York Racing Association (NYRA), but must do so within a week.

Judge Carol Bagley Amon issued the order Wednesday in the United States District Court, Eastern District of New York.

“The request for permission to file an amicus brief [14] is GRANTED in part,” the order reads. “The Jockey Club may file its proposed amicus brief. The brief must be filed no later than June 30, 2021, or it will not be considered.”

Baffert is seeking to overturn the ban imposed upon him by NYRA on May 17 after Medina Spirit (Protonico) tested positive for Betamethasone in this year's GI Kentucky Derby.

On June 14, Baffert filed a civil complaint against NYRA, alleging that the association's ban violates his Fourteenth Amendment constitutional right to due process. He is seeking a preliminary and permanent injunction ordered against NYRA to prevent his further banishment from those tracks, claiming that if that does not happen, he will suffer immediate and irreparable harm.

In a June 22 letter to the court, Susan Phillips Read, an attorney for The Jockey Club, asked for permission to file an amicus brief. She indicated in the letter that The Jockey Club may be able to provide the court information which it may not be able to obtain elsewhere, though what that information was is unclear.

TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read wrote.

An amicus brief or curiae–literally `friend of the court'–is filed by a person or party with a strong interest in the matter who is not a party to the action.

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Baffert Vs. NYRA: The Jockey Club Asks To Weigh In On ‘Deleterious Effects Of Improper Drug Use’

Attorney Susan Phillips Read has filed a request on behalf of The Jockey Club to provide an amicus brief in the civil lawsuit filed by trainer Bob Baffert against the New York Racing Association, reports bloodhorse.com. The brief would provide Judge Carol Bagley Amon in U.S. District Court for the Eastern District of New York “a unique perspective on issues involved in this litigation” and “supply information that should be helpful to the court and its decision-making.”

(An amicus brief is provided by a person or entity who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case.)

Following the announcement that Kentucky Derby winner Medina Spirit tested positive for betamethasone, and considering a spate of recent positive tests from Baffert's barn, the New York Racing Association announced last month a ban of trainer Bob Baffert from racing or stabling at any of its tracks. Baffert and his lawyer responded by filing a civil suit claiming NYRA does not have the legal authority for a suspension.

Read told bloodhorse.com that The Jockey Club's brief will stand in opposition to Baffert's efforts to be granted a temporary injunction to lift the NYRA ban.

“TJC has long believed that horses must only race when they are free from the effects of medication, and vociferously advocated for the passage of The Horseracing Safety and Integrity Act,” Read wrote in the official request to provide an amicus brief. “TJC thus has a special interest in sharing with the Court its perspective regarding the deleterious effects of improper drug use on the health of horses, the Thoroughbred racing industry, and public trust in the honesty of competition.

“Further, TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read added.

Congressmen File Amicus Brief In Support of HISA

The lead congressional sponsors of the Horseracing Integrity and Safety Act (HISA), Senator Mitch McConnell (R-KY) and Representatives Andy Barr (R-KY) and Paul Tonko (D-NY), have filed a 14-page amicus ('friend of the court') brief in response to a lawsuit filed by the National Horsemen's Benevolent and Protective Association and some of its affiliates, challenging its constitutionality.

The brief lays out the reasons why HISA is necessary to protect and preserve the future of horse racing, deliberations in Congress over the course of several years that included input from all sectors of the horse racing industry–which resulted in broad, bipartisan support for the bill–and the reasons why HISA is, in fact, constitutional. HISA was signed into law by President Trump in December 2020.

“The National Thoroughbred Racing Association (NTRA) commends Sen. McConnell, Rep. Barr and Rep. Tonko for their forceful defense of the Horseracing Integrity and Safety Act of 2020,” said NTRA President and Chief Executive Officer Alex Waldrop. “The need for a national body to enforce stringent integrity and safety standards for Thoroughbred racing has never been greater. Organizations and individuals representing virtually every segment of our industry are committed to working cooperatively with the HISA Authority and its standing advisory committees to assist the Authority in carrying out its federal mandate to propose to the Federal Trade Commission for that agency's adoption an innovative, affordable federal regulatory system that prioritizes first and foremost the safety of horse and rider and the integrity of our sport.”

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