FTC Calls For Dismissal Of Challenge To Horseracing Integrity And Safety Act

Attorneys for the Federal Trade Commission have filed a motion to dismiss a lawsuit filed in the U.S. District Court for Kentucky against the Horseracing Integrity and Safety Act, reports the Daily Racing Form, using similar arguments to those in a dismissal motion against the National HBPA's suit challenging HISA filed in U.S. District Court for the Northern District of Texas.

The Kentucky lawsuit was filed by a trio of states and their respective racing commissions: Louisiana, Oklahoma, and West Virginia. FTC attorneys argued that the creation of the HISA regulatory body does not violate constitutional doctrines regarding Congress' delegation of powers to a private entity.

“Adjudicating the merits of plaintiffs' legal claims now would require the court to evaluate HISA's framework in the abstract, unaided by any concrete facts or interpretative rules from the agency that Congress charged with the statute's implementation,” the motion states. “There is no justification for the court treading this path under any circumstances, and it is doubly improper in a constitutional
challenge.”

Read more at the Daily Racing Form

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‘Horse Who Gives You Everything’: Frost Or Frippery Honored As Claiming Crown Horse Of The Year

Steve Landers calls Frost Or Frippery “as hard-hitting a horse” as he's ever owned. There's no better example than the gelding's nose victory in the $75,000 Claiming Crown Kent Stirling Memorial Iron Horse. That day, the 7-year-old was shut off and had to check hard heading into the first turn, got shuffled back on the far turn, rallied to take the lead 70 yards out, then held on by mere inches.

Off that game performance and an 8-for-13 record (with four seconds) last year, Frost Or Frippery is honored as the 2020 Claiming Crown Horse of the Year, selected by the Industry Awards Committee of the National Horsemen's Benevolent and Protective Association (HBPA). Frost Or Frippery will be recognized at the Thoroughbred Owners and Breeders Association's 36th annual awards dinner Sept. 11 at Hill 'n' Dale Farm at Xalapa in Paris, Ky.

“He's not the most expensive horse I've ever had, but he showed the most heart,” said Landers, a prominent Arkansas auto dealer and long-time horse owner. “That's what it's all about: a horse who gives you everything he's got.”

Landers and trainer Brad Cox claimed Frost Or Frippery for $20,000 at Oaklawn Park on April 30, 2020. He won his first four starts and seven of nine overall for those connections. The gelding raced once at Oaklawn in January and subsequently sustained a training injury. He was retired after a career that saw him go 22-12-13 in 67 starts for earnings of $381,918.

All but six of the Maryland-bred's starts came in claiming races or under starter-allowance conditions. The 1 1/16-mile Kent Stirling Memorial Iron Horse is for horses that at some point ran for an $8,000 claiming price or cheaper.

The Claiming Crown at Gulfstream Park marked the 10th track at which Frost Or Frippery competed.

“The hallmark of a good horse is one that is honest and tries every time, no matter their level,” Cox said. “Frost Or Frippery wasn't the best or the fastest, but he was as honest as they come. I'm glad the Claiming Crown rewards such horses and their owners.”

The Claiming Crown program is a partnership between the National HBPA and the Thoroughbred Owners and Breeders Association (TOBA). It was launched in 1999 to be the claiming horse owners' Breeders' Cup, a special event showcasing the blue-collar stalwarts that fill the majority of races in America.

“The group of horses that competed in the 2020 Claiming Crown provided a solid display of talent and class,” said Eric Hamelback, CEO of the National HBPA. “The event was designed as a means of featuring and promoting claiming-level horses while demonstrating to owners that claiming your way to success is an extremely important aspect within our industry. Frost Or Frippery exemplifies the true spirit of the Claiming Crown event, and we congratulate all the connections.”

Landers said he's touched that Frost Or Frippery is being recognized as the Claiming Crown Horse of the Year.

“Because of how tough the horse was,” Landers said. “He knew what he was doing. Didn't act stupid in the paddock, just went straight out there and did his job. It meant a lot for him to win it, because there are a lot of claiming horses in the country. That's what the Claiming Crown is about: being the best at what they do. He acted like a more-expensive horse, like high-dollar, more class-type horse than he really was. But he didn't know what his class was. He'd just go out there and win.”

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Introduction Of Returning Worker Exemption Act Could Help Solve Racing’s Labor Shortage

This week's Senate introduction of the H-2B Returning Worker Exemption Act of 2021 could help solve the labor shortage constantly facing racing's backstretch, according to a report in the Thoroughbred Daily News.

The bill is written to allow H-2B workers from any of the previous 3 years to qualify as returning workers, which are generally exempted from the annual cap on H-2B visas. It is also designed to help streamline the application process.

“This is something we've always advocated for,” said Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association (HBPA). “And this has been the first time, at least since I've been in my current role, there's been a strong champion for that.”

Read more at the Thoroughbred Daily News.

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Motion To Dismiss: Feds Say HBPA ‘Jumped The Gun’ With HISA Challenge

Federal attorneys have filed a motion to dismiss the lawsuit filed by the National Horsemen's Benevolent and Protective Association in an attempt to put the brakes on the Horseracing Integrity and Safety Act (HISA), reports the Thoroughbred Daily News, arguing that the HBPA's “complaint questions the validity of a law that currently subjects them to no obligation or penalty.”

The NHBPA and 12 of its state chapters filed suit in March in the U.S. District Court for the Northern District of Texas, seeking to have HISA and a number of its elements declared unconstitutional. The crux of the suit is that plaintiffs believe HISA delegates legislative authority to a private organization and private individuals in violation of the U.S. Constitution

In the Apr. 30 motion to dismiss, federal attorneys argue: “Plaintiffs jumped the gun bringing this constitutional challenge.”

The filing continued: “Neither the Federal Trade Commission (FTC) nor the [HISA] Authority have even proposed rules that they could endeavor to enact. There has been no proposal for rules regarding permissible and impermissible drugs; no proposal for rules regarding racetrack safety; and no proposals for rules regarding enforcement procedures or penalties…There has not even been a rule crafted to govern how the Authority is to 'propose' any rules to the FTC–which is all fitting, given that HISA is only four months old.”

Read more at the Thoroughbred Daily News.

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