The Board of the Association of Racing Commissioners International (ARCI) has unanimously requested the Federal Trade Commission to delay final action on HISA's proposed Anti-Doping and Medication Control rules until the constitutional questions being litigated are resolved, they announced in a press release Wednesday.
“We cannot have a situation where an enforcement action is overturned because the authority of the enforcing entity to act is in question,” said Ed Martin, ARCI President. “The only way to avoid that is to delay approval of HISA rules leaving existing state rules and enforcement in place for the time being. The choice for the FTC is clear, state rules are better than no rules during this time of legal uncertainty. To approve them now with this legal uncertainty is an invitation to cheaters that you might get a free ride during the first 10 days in January, if not longer.”
The ARCI release also states: “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.
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