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HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval

Edited Press Release

The Horseracing Integrity and Safety Authority (HISA) has submitted proposed rule changes to its Racetrack Safety Program to the Federal Trade Commission (FTC) for review. A red-lined document noting these proposed changes is available here. The FTC will subsequently post the proposed rules to the public register for public comment.

Until changes to the rules are approved by the FTC, the previously approved version of HISA's Racetrack Safety rules, which took effect July 1, 2022, will remain in place. Those rules are available in full on HISA's Regulations Page.

HISA's proposed changes to the Racetrack Safety rules were developed after months of dialogue with and feedback from racing participants across the country, including HISA's Horsemen's Advisory Group. During this time, the proposed rules were shared with industry members for two rounds of informal comments and published on HISA's website for additional industry input. All in, HISA's Racetrack Safety Committee received, reviewed and considered more than 600 comments from racing participants. The proposed changes submitted to the FTC today were reviewed and approved by HISA's Racetrack Safety Committee and full Board of Directors.

When and if these rule changes are approved by the FTC, HISA will undertake robust educational efforts to ensure horsemen nationwide are fully aware of these changes and well-equipped to comply with them before they go into effect.

The post HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Weekly Stewards and Commissions Rulings, Sept. 12-18

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

The TDN also posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

California

Track: Los Alamitos
Date: 09/15/2023
Licensee: Kent Desormeaux, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Having received notice from the California Horse Racing Board that the appeal of DMTD Ruling #16 (August 3, 2023) has been withdrawn, the original ruling is reinstated. Jockey Kent Desormeaux is suspended for 3 racing days (September 29, 30, and October 1, 2023).

Track: Los Alamitos
Date: 09/15/2023
Licensee: Antonio Fresu, jockey
Penalty: one-day suspension
Violation: Participating in more designated than permitted
Explainer: Jockey Antonio Fresu is suspended for 1 additional suspension day (October 15, 2023) pursuant to California Horse Racing Board rule #1766 (Designated Races – participated in more than one designated race on September 10, 2023).

Track: Los Alamitos
Date: 09/17/2023
Licensee: Armando Aguilar, apprentice jockey
Penalty: Three-day suspension
Violation: Failure to ride mount to the finish
Explainer: Apprentice Jockey Armando Aguilar, who rode Finneus in the ninth race at Los Alamitos Race Course on September 16, 2023, is suspended for 3 racing days (September 30, October 1 & 6, 2023) for violation of California Horse Racing Board rule #1692 (Requirements for Horse, Trainer and Jockey – failure to ride his mount to the finish, costing him a better finish position).

Florida

The following was taken from the ARCI's “recent rulings” webpage.

Track: Gulfstream Park
Date: 09/7/2023
Licensee: Padarath Lutchman, trainer
Penalty: Fifteen-day suspension, $500 fine
Violation: Medication violation
Explainer: Steward's FO # 2023-031317 – F.S. 550.2415 Violation = Clenbuterol. “CORPORATE AFFAIR”

New York

Track: Saratoga
Date: 09/15/2023
Licensee: Robert MacLennan, racing official
Penalty: $2,000 fine
Violation: According to NYRA spokesperson, Pat McKenna, “an inadvertent administrative error during the claims process on September 1 resulted in voided claims.”
Explainer: Racing Official Mr. Robert MacLennan is hereby fined the sum of $2,000 for failing to tend to business in a professional manner necessitating claims to be voided.

Track: Saratoga
Date: 09/17/2023
Licensee: Katherine Davis, jockey
Penalty: Seven-day suspension
Violation: Careless riding
Explainer: For having waived her right to an appeal Jockey Katherine Davis is hereby suspended 7 NYRA racing days inclusive, starting opening day of the Saratoga Race Meet 2024. This for careless riding during the running of the 6th race at Saratoga Racecourse on September 2nd 2023.

Read more on the story here.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule

Los Alamitos

Adrian Escobedo – violation date Sept 16; $250 fine and one-day suspension, 7 strikes
Hector Berrios – violation date Sept 16; $250 fine and one-day suspension, 7 strikes

Pending ADMC Violations

Date: 08/28/2023
Licensee: Michael Pappada, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Runaway Harry, who won at Presque Isle Downs on 8/28/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/23/2023
Licensee: Dan Blacker, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Miss O'Brien. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/20/2023
Licensee: Totaram Rampersaud, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Jumpster. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/16/2023
Licensee: Robert Leaf Jr., trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Laddie Dance, who won at Delaware Park on 8/16/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/16/2023
Licensee: R. McLane Hendricks, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Cocaine—a banned substance—in a sample taken from Princess Javoncia, who won at Penn National on 8/16/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 08/14/2023
Licensee: Michael Matz, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Late Frost. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/12/2023
Licensee: Joe Toye, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Glimpse of Gold, who won at Emerald Downs on 8/12/23. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/12/2023
Licensee: Faustino Patino Lopez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Night to Remember, who finished third at Emerald Downs on 8/12/23. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/12/2023
Licensee: Leslye Bouchard, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Tomarie. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 07/28/2023
Licensee: John Pimental, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the possible presence or possession of Levothyroxine, a banned substance. This is a possible violation of Rule 3214 (a)—Presence of a Banned Substance or a Banned Method.

Date: 07/18/2023
Licensee: Jason DaCosta, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Gabapentin—Controlled Medications (Class B)—in a sample taken from Poker Partner, who won at Presque Isle Downs on 7/18/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/18/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Mi Tres Por Ciento. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/17/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Graywing, who finished fourth at Finger Lakes on 7/17/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Resolved ADMC Violations

Date: 08/06/2023
Licensee: Cesar De Alba, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Scary Fast Smile, who finished seventh at Del Mar on 8/6/23. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/06/2023
Licensee: Antonio Arriaga, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Jet Set Juliet. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/05/2023
Licensee: Boyd Caster, trainer
Penalty: A fine of $1,500; imposition of 1.5 Penalty Points.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Inside Job. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/05/2023
Licensee: Boyd Caster, trainer
Penalty: A fine of $1,500; imposition of 1.5 Penalty Points.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dixieland Quality. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/04/2023
Licensee: Devarus Douglass, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Pickle Feet. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023
Licensee: David Mohan, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Shoot Themessenger. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023
Licensee: Jorge Maravilla, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Brookys Tapit, who finished fifth at Santa Rosa on 8/3/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/14/2023
Licensee: Carla Gaines, trainer
Penalty: 7-day period of Ineligibility, beginning on September 16, 2023; a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Summer Lake. This is a possible violation of Rule 3312— Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/04/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: 18-month period of Ineligibility, beginning on September 18, 2026; 60-day period of Ineligibility for Covered Horse beginning on August 3, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Kant Beat the Rock, who finished second at Los Alamitos on 7/4/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/25/2023
Licensee: Brittany Russell, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Dantrolene—Controlled Medications (Class C)—in a sample taken from Late Night Larry. This is a possible violation of Rule 3312— Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/25/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: 18-month period of Ineligibility, beginning on March 18, 2025; 60-day period of Ineligibility for Covered Horse beginning on July 13, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from American Cat, who finished fifth at Los Alamitos on 6/25/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/23/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: 18-month period of Ineligibility, beginning on September 18, 2023; 60-day period of Ineligibility for Covered Horse beginning on July 24, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Facts Matter, who won at Los Alamitos on 6/23/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/19/2023
Licensee: Dick Clark, trainer
Penalty: 18-month period of Ineligibility for Covered Person, beginning on January 24, 2031; 60-day period of Ineligibility for Covered Horse, beginning on July 24, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from My Heart's on Fire, who won at Prairie Meadows on 6/19/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/18/2023
Licensee: A Ferris Allen III, trainer
Penalty: 7-day period of Ineligibility, beginning on September 16, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Musical Cat. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 06/11/2023
Licensee: Peter Miller, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable).
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in samples taken from Forgiving Spirit, who finished second at Santa Anita on 6/11/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 06/04/2023
Licensee: Peter Miller, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable).
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in samples taken from Giver Not a Taker, who finished fourth at Santa Anita on 6/4/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 06/04/2023
Licensee: Peter Miller, trainer
Penalty: 7-day period of Ineligibility, beginning on September 16, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in samples taken from Anmer Hall, who won at Santa Anita on 6/4/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 05/24/2023
Licensee: Mario Dominguez
Penalty: 2-year period of Ineligibility for Covered Person, beginning on June 15, 2023; 6-month period of Ineligibility for Covered Horse, beginning on May 24, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $5,000; and payment of $10,000 in arbitration costs.
Explainer: For the presence of Cobalt Salts—a banned substance—in a sample taken from Petulant Delight, who finished seventh at Parx Racing on 5/24/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

The post Weekly Stewards and Commissions Rulings, Sept. 12-18 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Open Letter To The Industry: Lisa Lazarus

Dear Thoroughbred racing participants,

HISA's most important mission is to protect the health and wellbeing of the horses participating in Thoroughbred racing. Over the past few months, the challenges of that mission–and the critical importance of it–have never been more apparent.

The events at Churchill Downs, Laurel Park and Saratoga Race Course this spring and summer were a sobering reminder that we must further prioritize creating a culture of safety and an ecosystem of care that takes into account all factors contributing to equine fatalities. And it is the responsibility of all racing participants to do their part.

HISA's investigation into the circumstances surrounding equine fatalities at Churchill Downs earlier this year did not identify any singular explanation for the fatalities, despite extensive investigation and analysis of the track surface, veterinary records, necropsies and whether any rule violations occurred. The absence of a singular explanation underscores the urgent need for further action and analysis to mitigate risk stemming from several factors potentially contributing to equine fatalities. HISA's full report on the findings was released publicly last week and can be found here.

HISA's strategic recommendations and next steps moving forward–also announced last week–include the following:

A sophisticated data analysis effort to explore critical questions facing the sport to yield new, actionable insights, made possible by uniform reporting requirements under HISA.
The creation of a committee to work toward the study and ultimate introduction of more synthetic surface options in Thoroughbred racing.
Improved veterinary screening and diagnostic procedures, including:

–Making PET scans more accessible to racetracks across the country;

–Conducting a research study to examine the causes of exercise-associated sudden deaths;

–Further use of wearable technology as an injury detection tool;

–An examination of whether there are any other equine fitness tools worthy of investment and deployment

HISA has also formed a new Track Surface Advisory Group comprised of seasoned track superintendents to assist in surface analysis and make recommendations on an ongoing basis.

This moment is and should be a turning point for our sport. It is essential that all corners of the racing world come together to do their part to reduce equine fatalities and protect these magnificent athletes.

HISA is grateful for the work of everyone involved in the sport whose job it is to protect the health and wellbeing of Thoroughbreds. We know that you share in our cause and that together, we can make racing the safest, and best, version of itself.

Yours in racing, Lisa Lazarus

The post Open Letter To The Industry: Lisa Lazarus appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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HBPA: Negotiations Between HISA And Sales Companies Equate To ‘Preferential Treatment’ For Breeders

Two days after the Horseracing Integrity and Safety Act (HISA) Authority disclosed at a press conference last week that it had initiated discussions with sales companies in an attempt to bring about voluntary compliance with medication policies throughout the lifetimes of Thoroughbreds, the National Horsemen's Benevolent and Protective Association (NHBPA) went on record with a letter filed in the United States Court of Appeals for the Fifth Circuit alleging that those efforts equate to improper rulemaking by the Authority and “preferential treatment” for breeders.

The purpose of the HISA Authority's Sept. 13 press conference was to go public with a months-in-the-making report on 12 horse deaths at Churchill Downs this past spring, and also for the Authority unveil a wide-ranging “strategic response plan” to predict and halt catastrophes before they occur. According to the report, which also listed numerous other safety proposals, the goal of entering into agreements with Thoroughbred auction houses would be “to more effectively align and coordinate our respective anti-doping and medication control [ADMC] programs.”

The purpose of the NHBPA's Sept. 15 legal filing, by contrast, was to let the court know that as the plaintiffs/appellants in a two-year-old lawsuit that is trying to derail HISA based on alleged constitutional violations, the NHBPA and 12 of its affiliates believed that by entering into such negotiations with sales companies, “the Authority has announced its intention to add another line to the already long list of 20-plus examples of the Authority writing the rules for the industry without going through the rulemaking process.”

The two-page letter written by the NHBPA's attorney, Daniel Suhr, prefaced its legal criticisms of the Authority's discussions with sales companies by first stating that, “The NHBPA Appellants appreciate the policy goal to ensure effective ADMC standards that include breeders: as the advocate for owners of horses, they support measures that ensure full and accurate information from breeders for buyers.

“But as a legal matter, two things are obvious from the announcement,” the NHBPA letter continued. “First, one section of the industry that is included in the scope of the Act is receiving preferential treatment-the breeders get to negotiate their rules through voluntary agreements while other sectors like trainers and racetracks have rules imposed upon them by Authority fiat.

“And second, once again the Authority is engaged in regulatory activity outside the rulemaking process. When the Authority enters into a 'voluntary agreement' with a breeding company, it is not required to publish or publicize the text of that agreement (or provide it if requested through FOIA), receive and consider public comment (including feedback from other affected equine constituencies), or run it by the Federal Trade Commission [FTC],” the NHBPA letter stated.

The allegations by the NHBPA were filed with oral arguments in the highly anticipated Fifth Circuit appeals case coming up soon, on Oct. 4.

A lower federal court already ruled back on May 4 that the rewritten HISA law that went into effect Dec. 29, 2022, is indeed constitutional because it fixes the problems the Fifth Circuit had identified in an earlier version of the law. The NHBPA plaintiffs are arguing for another reversal.

The points of law raised by the NHBPA's Sept. 15 letter, however, won't be considered by the court in their current format.

That's because the letter did not meet the standard for the type of filing that notifies the court of pertinent and significant findings after a party's brief has been filed, according to a docket entry made by the court clerk on Sept. 15. “Therefore, we are taking no action on this letter,” the clerk stated.

If the NHBPA wants its comments on the issue to be considered, the clerk's notation continued, “A motion seeking leave to file a supplemental brief is required.”

Regardless of its status, the letter was made public within the docket once the court refused to take action on it, and its contents are important to the broader world of horse racing because the objections over the sales company discussions underscore both the ongoing and newly developing rifts between the NHBPA plaintiffs and the HISA and FTC defendants.

A chief point of contention between the two parties is that the Authority has stated that it will negotiate (rather than propose and implement) ADMC rules upon sales companies because its interpretation of the law is that some young horses sold as auction aren't yet “covered horses” under HISA.

Speaking at the Sept. 13 press conference, Lisa Lazarus, HISA's chief executive officer, explained that “a horse becomes a HISA [covered] horse after it's had its first public workout, first timed workout. So some of the 2-year-old sales would certainly fall under HISA's purview. The weanlings and yearlings wouldn't.”

But, Lazarus added last week, “I think we're at the point where if HISA leads the way that we should, and the way that we intend to, that we'll be able to motivate the industry to come under one kind of comprehensive, understandable, kind of ADMC approach.”

The NHBPA, on the other hand, wrote in a footnote to its Sept. 15 letter that under its reading of HISA, it believes breeders do qualify as “covered persons,” and that breeders as a group are included “among equine constituencies.” Thus, the plaintiffs' argument goes, it's allegedly not fair for one sector of covered persons to have a say in negotiating rules while other covered persons don't.

Asked on Sept. 18 if the HISA Authority would like to comment on the NHBPA's assertions in the letter, an Authority spokesperson wrote in an email that, “The NHBPA overlooks the fact that Congress decided that Thoroughbred horses are not covered horses under the Act until their 'first timed and reported workout.' Therefore, it is necessary for the sales companies to voluntarily agree so that we could effectively align and coordinate our respective ADMC programs throughout the lifetime of a horse.”

The post HBPA: Negotiations Between HISA And Sales Companies Equate To ‘Preferential Treatment’ For Breeders appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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