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HISA’s Anti-Doping And Medication Control Panel Members Revealed

Edited Press Release

The individuals who will comprise the Internal Adjudication Panel (IAP), which will hear Controlled Medication Rule Violation Cases under HISA's Anti-Doping and Medication Control (ADMC) Program, were announced Friday by HISA and HIWU.

IAP members, who will serve for 4-year terms as independent contractors to both HISA and HIWU, were selected for their deep equine regulatory experience. State stewards will be prohibited from participating in cases originating in their state of employment. All members of the panel will receive training on HISA's adjudication processes under the ADMC Program before they can hear cases and must complete continuing education on an annual basis to maintain their eligibility to serve.

“We are excited by the group we have assembled to hear Controlled Medication Rule Violation cases, which we expect to be the most common types of cases under the ADMC Program,” said Ben Mosier, HIWU's executive director. “With their extensive and diverse experiences in equine regulation, we are confident that they will act fairly and consistently during the adjudication process.”

“The Internal Adjudication Panel will play a significant role in the enforcement of the ADMC Program given HISA's distinction between medication overages and doping violations for the first time in our sport,” said HISA CEO Lisa Lazarus. “As such, I'm thrilled by the depth of knowledge and expertise each individual who has agreed to serve on the panel will bring to our adjudication processes, benefitting the entire racing community.”

The members of the IAP are as follows, with their “prohibited states” in relation to hearing cases included in parentheses where applicable:

Rick Abbott (PA)–chairs the Appeal and Review Committee of the National Steeplechase Association and was a member of the Pennsylvania State Horse Racing Commission from 1996 to 2009.

Eddie Arroyo (IL)–served as the senior state steward representing the Illinois Racing Board for 32 years.

Lisa Blackstone-current vice president of the Arabian Horse Association, chair of the United States Equestrian Federation's (USEF) Ethics Committee, and co-chair of USEF's Hearing Committee.

Barbara Borden (KY)–appointed chief steward for the Kentucky Horse Racing Commission in April 2012.

Patricia Bowman (IN)–currently a state steward with the Indiana Horse Racing Commission.

Lori Dinoto (OH)–works as a steward at both Mahoning Valley Race Course and Thistledown.

Connie Estes (NM)–deputy director of operations at the Texas Racing Commission and worked for the New Mexico Racing Commission as a state steward and for the Breeders' Cup as a safety steward.

Hilary Forde–director of HF Consult Sports Law and currently serves as a tribunal clerk for the International Federation for Equestrian Sports (FEI).

John Herbuveaux (CA)–steward for the California Horse Racing Board since 1983.

Duncan Patterson (DE)–currently chairman of the Delaware Thoroughbred Racing Commission, chairman of the Drug Testing Standards and Practices Committee for the Association of Racing Commissioners International (ARCI), and a member of the Stewards Advisory Committee for the NSA.

Diane Pitts–currently on the board of directors for the USEF and was reelected to a second term as a member of the Tribunal of the FEI.

Erika Riedl–was a clerk for the Tribunal of the FEI and is a Centre for Effective Dispute Resolution-accredited mediator.

Kim Sawyer (CA)–accredited as a steward since 1999 and employed by the California Horse Racing Board since 2005.

Eric Smith (IN–a ROAP Level I-accredited flat racing steward and currently the senior state steward for the Indiana Horse Racing Commission.

Edward Weiss (CA)–has been a litigator in private practice, an assistant U.S. attorney, and general counsel of Ticketmaster.

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Letters To The Editor: James Gagliano

In Association of Racing Commissioners International (ARCI) President Ed Martin's letter to the Thoroughbred Daily News on Feb. 2, he once again defends the status quo with few facts and no real solutions to racing's lack of national uniformity in rules and regulations for safety and medication control.

Ed has been defending the status quo for years. In 2018, and again in 2020, Ed testified before Congress against the then-forerunner to the Horse Racing Integrity and Safety Act, saying it was “a radical and unnecessary federalization of a state responsibility that is exercised effectively.”

Exercised effectively?

Clearly, he chooses to ignore the March 2020 federal arrests, and ultimate convictions, of the 27 trainers and veterinarians who, incidentally, operated worry free for years under Ed's racing commissioners. He chooses to ignore that our industry is no longer operating in a vacuum, that our equine athletes have advocates outside the racetrack and they have influence with state and federal legislators. Finally, Ed chooses to ignore that HISA has been working hard, and for the most part cooperatively, with states and racetracks to implement HISA rules.

Ed needs to be reminded, again, how we got here.

Over decades, regulators have repeatedly “promised” to clean up horse racing. There have been countless calls for rule uniformity since I can remember. Virtually every industry conference has touted the future as having standardized nationwide rules with more vigorous enforcement. The concept is nothing new, but because of HISA, this is the first time the goal is truly within our grasp.

The Racing Medication and Testing Consortium did a lot of good for the industry, but the nationwide reform we thought would come from it never materialized. I had hopes for the National Uniform Medication Program (NUMP), but once again, the regulatory authorities of different jurisdictions were unable to enact the same rules and regulations across the nation. In 2020, The Jockey Club developed a scorecard for the NUMP to see if it was effective. It wasn't. Only nine states had fully adopted all four phases of the program; 16 states had adopted only one. Mid-Atlantic states joined forces over the years to come into compliance with NUMP, but most other regions did not.

Ed has long suggested that a federal racing compact among the state regulators is all that we need. He conveniently omits that there already is a compact, and it has attracted virtually no support from the membership of the ARCI. With the ability of individual states to opt out of rules they do not favor, the compact all but guaranteed the same morass of inconsistent and conflicting rules among the states so many key industry participants have long wanted to correct.

Ed wrote, “It's hard for some of us who have been around for a while to watch as this situation could have been avoided.” In a way, he's right about that point. HISA would never have had an adverse legal decision if the Horseracing Integrity and Safety Act had never become law. But, for those of us who want change, Ed's worn-out proposals to “get everyone in a room and come up with an alternative approach to avoid the endless and costly litigation” reflects an inability to either understand or appreciate that there is a divide in this industry between those who savor the illusionary comfort of the status quo and those who know that if racing is going to truly survive it must make safety of our athletes and integrity of our game our preeminent goals.

Perhaps Ed has been fighting against HISA since the beginning because he's afraid people will realize that the ARCI failed its mission. According to ARCI's website, it sets “…international standards for racing regulation, medication policy, drug testing laboratories, totalizator systems, racetrack operation and security, as well as off-track wagering entities.” So, HISA is making medication regulation standards uniform and meaningful, something ARCI has never been able to do.

It is abundantly clear to anyone inside or outside of racing that our current state-based anti-doping, medication control and safety rule structure is not equipped to create national uniformity and set high standards for safety and integrity.

As we learned in March of 2020, it took the resources of the FBI and outside investigators to get the job done and bring justice to the blatant cheaters manipulating racing, while at the same time, laying bare the incompetence of the regulators that were supposed to be protecting the sport. The Jockey Club has long supported the creation of a nationwide approach grounded in federal law because we realize that horse racing, as a national sport, cannot survive if history keeps repeating itself and national uniformity is never achieved.

Yet once again, Ed Martin is defending the status quo. Don't let him rewrite a history that he deservedly owns.

—James L. Gagliano, President and COO, The Jockey Club

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Statement On HISA’s Anti-Doping Rules From ARCI

The Association of Racing Commissioners International (ARCI) has formally asked the Federal Trade Commission (FTC) to set aside and temporarily not approve proposed anti-doping and medication control rules proposed by the Horseracing Integrity and Safety Authority (HISA) until the constitutionality of the HISA Act is determined by the Courts.

“This has nothing to do with wanting uniform rules or having a central rule-making authority, two things the ARCI supports,” said Ed Martin, ARCI President. “This all has to do with avoiding a situation where an enforcement action is overturned because the authority of the enforcing entity to act is in question. The potential exposure to the entire sport is avoided by leaving the existing state rules and enforcement in place until this gets sorted out.”

The ARCI Board voted unanimously to make a similar request in early December and the FTC shortly thereafter rejected the proposed HISA rules without prejudice citing reasons of the underlying legal uncertainty. With the Fifth Circuit Court's rejection earlier this week of HISA's petition based on changes made recently to the Act, the potential for regulatory chaos remains.

The filing made today reads as follows:

“ARCI requests that the FTC yet again reject the Rules or, at the very least, withhold decision until all legal challenges to the Act are finally adjudicated. As you might know, in addition to the federal court case that led to the Fifth Circuit's ruling, other litigations raising material questions about the legitimacy and constitutionality of the Act remain pending. Moreover, after HISA resubmitted the proposed Rules, the Fifth Circuit denied HISA and the FTC's petition to vacate the court's earlier ruling and for a rehearing, meaning two important things: (1) by mandate of the Fifth Circuit, the preliminary injunction prohibiting HISA enforcement in states within the Fifth Circuit will return to full effect and no longer be stayed; and (2) the Fifth Circuit's decision that the Act is unconstitutional will stand for the time being.

Once again, the FTC is in a unique position to restore some level of regulatory certainty to the horse-racing industry. It should do so by quickly and publicly announcing what it already determined a few weeks ago–that it will not approve HISA's proposed rules at this time. A decision to the contrary would come at too great a cost, as it would lead to regulatory uncertainty, exacerbate existing confusion throughout the horse-racing industry, and seriously compromise public interests.”

Should the FTC approve the HISA rules and penalties were imposed for a violation of those rules, the action could be appealed and potentially overturned and wiped away due to the finding in the Fifth Circuit that HISA is unconstitutional.

Likewise if a racing commission enforces the existing State anti-doping rule and penalties imposed for a violation are appealed using the argument that the federal rule preempts state action the possibility that it can be overturned also exists.

The only way to avoid this Catch-22 is to leave state rules and enforcement in place by delaying final action on the HISA ADMC rules.

The ARCI has not taken a position on the pending litigation, although some member states have and are litigating the constitutionality of the Act. In August, Martin called for HISA to sit down with all litigants and negotiate a way out. That did not happen.

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BHA Halts Saliva Testing Programme

The anti-doping saliva testing pilot programme has been paused by the British Horseracing Authority (BHA). Started in May of 2021, the programme was halted due to the negative laboratory follow-up analysis requested after a point of care racecourse non-negative saliva sample donated by jockey Sean Levey at Sandown on Wednesday, Sept. 14.

The BHA said in a statement, “A review of the pilot, which has tested more than 1,300 samples, is now underway to determine what can be learned and agree with the [Professional Jockeys' Association] (PJA) on a combined approach to a robust testing model. We will also be working with Sean Levey to determine how his positive sample came about in order to understand what challenges could be faced and different approaches that could be used when testing in the future. The pilot was a collaboration with the PJA and there has been a notable reduction in positive cases since its inception. It's important we incorporate all feedback and make improvements where necessary to ensure we continue keeping racing safe, fair and clean.”

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