Letters To The Editor: Jeff Landry

As a young boy, I spent summers mucking out stalls, painting fences, and helping out on my great-uncle's farm. Early in the mornings, his grandson and I could hear him tapping on the door, telling us to wake up and get moving in Cajun French. “Levez, levez!” We'd jump out of bed and ride down to the track to watch the jockeys breeze the horses as the sun was coming up.

Those are memories I fear the next generation might never experience as we battle the Horseracing Integrity and Safety Act (HISA)–legislation slipped into the COVID relief package and passed by Congress in the dark of night to federalize the horseracing industry and give complete regulatory power to a private corporation without consent of the individual states or even input from the horsemen themselves.

Horse racing in Louisiana has its roots in Cajun and Creole culture, where the infamous bush tracks of the 1950s produced some of the finest jockeys in the world. Soon, Acadiana became known as a place where you could start out riding barefoot and work your way up to winning the Kentucky Derby with an entire community to not only cheer you on but also finance the first major racetrack in the region–Evangeline Downs (where the announcer Gene Griffin would say “Ils Sont Partis!”, which means “And they're off!”).

Fueled by this rough and tumble past, Louisiana horse racing has effectively policed itself for over 200 years, evolving over time to meet modern challenges while maintaining its unique identity. It's an industry built with our own sweat and blood, supported by a tight-knit group of horsemen, racing fans, and family businesses. As in other states, we know how our horses handle our unique climate, our tracks, and our footing. We know the history of our bloodlines, the traditions of our sport, and the nature of this industry far better than anyone else.

That hard-won knowledge has created an entire culture within Louisiana, one that has grown from an economic impact of $460 million in 1979 to $1.5 billion today. As Attorney General, it's my job to protect this industry, its culture, and its people. That's why I have been fighting against HISA from the very beginning, even as political players pressured my office to not get involved. But like most Cajuns, when I stand for what's right, I don't back down.

At the core of HISA is this: a handful of wealthy players wish to control the sport through a one-size-fits-all, pay-to-play scheme that will decimate the inclusive culture of horse racing. And while we can all agree that we want integrity and safety in the sport, perhaps it must also be stated that we should never let a few bad actors define the whole. Yet under the guise of “integrity,” the federal government is using the excuse of bad actors to take away the freedoms and liberties of all horsemen while completely ignoring the unique cultures of each individual state and the people who have created it.

As a result, if HISA is successfully enacted, many of those who have been racing horses in their states for generations will be run out of business by ridiculously expensive fees, fines, and other barriers to entry. This will affect breeders, jockeys, farriers, veterinarians, tracks, and supply shops. Entire cultures will be decimated in support of unclear, inconsistent, and oftentimes dangerous new rules designed by political and corporate elites who can't even decide what kind of shoes a horse should wear.

For Louisiana and her people, my Solicitor General Liz Murrill and I took on this battle. We stood up for horsemen when it was neither popular nor politically convenient because we knew that it was the right thing to do. We believe that horse racing should be enjoyed by all–not just an exclusive elite. And our fight is now leading to the U.S. Supreme Court, where a disagreement between two federal courts must be decided. That is why it is absolutely vital everyone stand up now for true integrity in horse racing, for state sovereignty, and for the culture of this sport.

I almost feel like my great-uncle is knocking on your door, asking you all to wake up and fight with us. Place the power back into the hands of the people, where it belongs. I cannot guarantee you a win; but I do believe that the greatest advantage we have are our numbers. So, if the attorney general of your state has joined our coalition in the fight against HISA, please thank them; but if your attorney general is not yet involved, please encourage them to file an amicus brief in support of our cause. And if you run an organization affected by HISA, please join us at the U.S. Supreme Court to voice your opposition to this gross federal overreach.

Now more than ever, your voices must be heard. If we are to protect horse racing, we must take action. And so I say, “levez, levez!” Let's go.

Jeff Landry, Louisiana Attorney General

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HISA the Focus at HBPA, Racing Commissioners Conference

Edited Press Release

Louisiana Attorney General Jeff Landry and Daniel Suhr, managing attorney for the Liberty Justice Center, told an assembly of racehorse owners, trainers and racing regulators Tuesday that they expect the Horseracing Integrity & Safety Act (HISA) to wind up before the U.S. Supreme Court– and they also believe America's highest court will strike down the legislation as unconstitutional.

While the room at the Hotel Monteleone was populated with folks concerned how HISA will impact their industry, Landry and Suhr said the four legal challenges before the Fifth and Sixth Circuits have much broader implications for the country. HISA, originally passed by Congress when slipped into the 2020 Covid relief bill, sets up a private corporation, also known as HISA or the Authority, with broad powers to create, implement and enforce safety rules and drug and medication policies with the Federal Trade Commission providing some measure of oversight.

Landry, who brought suit against HISA in U.S. District Court in the Western District of Louisiana, was the keynote speaker Tuesday on the first of three days of panel discussions and presentations at the National Horsemen's Benevolent & Protective Association (NHBPA) conference being held in conjunction with the Association of Racing Commissioners International (ARCI), which represent pari-mutuel racing regulators.

“If we don't get this thing struck down, you better have this meeting in probably the dining room–and I mean the small dining room here at the Monteleone,” Landry said. “It will be a bunch of folks who have more money in their pockets than they know what to do with. And they're going to control the tracks and horse racing, and the rest of us really won't be able to enjoy the sport. This law is actually designed to eliminate the very fabric of horse racing. And so we stood up.

“I said, 'We are going to keep filing suits, and we're going to find a way to bring this thing to the U.S. Supreme Court if we have to. Guess what? We are there. And I'm glad we're there. I know the Sixth Circuit decision (upholding HISA, in contrast to the Fifth Circuit's appellate court ruling) was not all that great for us. But quite frankly, I think it was. Because it is going to absolutely force this case before the United States Supreme Court.”

Suhr added, “I believe this case is important not just for this industry. I know it is. But I'm here because I believe it's important for our country and our democracy, and I don't say that lightly. Because fundamentally what we're fighting about is accountability, transparency and fairness, which are core guarantees of our Constitution to all of us as citizens. When the government exercises power in our lives, when it comes into our business, our families, it is accountable to voters, it is transparent to the stakeholder community, to the news media and to all of us as citizens. And it is neutral. It is independent and it is fair when it exercises that power.”

Suhr said, based on their written SCOTUS opinions, that he believes there are enough justices to strike down HISA. “There's no such thing as a slam dunk in my business,” he said. “It's a lot like yours. Everything is a little bit of a gamble. But I do this for a living and I can tell you, we brought this case because we believe when it gets to the Supreme Court, those fundamental principles we've been talking about are actually going to decide the day. I think we have a really great shot at this.”

A Tuesday afternoon panel offered concepts that could lead to uniformity without vesting so much control and power in one entity and still utilizing the existing racing commissions.

“As we all look through a different lens now, something has to be established for uniformity,” said National HBPA CEO Eric Hamelback. “We want to make it constitutional and we want to make sure the right participants are helping to make the decisions. I see it as the right participants are in this room. We want uniformity based on science. We want it based on peer-reviewed research. We feel the way the (HISA) legislation was drafted, it doesn't lean toward being based on science. I think there's a lot of opinion in there.”

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Landry To Deliver Keynote Address at National HBPA Conference

Edited Press Release

Louisiana Attorney General Jeff Landry will be the keynote speaker at the National HBPA's annual conference Mar. 6-10 at the Hotel Monteleone in New Orleans' historic French Quarter, the horsemen's organization announced. The conference, being hosted by the Louisiana HPBA, takes place in conjunction with the Association of Racing Commissioners International (ARCI) Annual Meeting and Racing Integrity Conference.

Landry's keynote address is to be delivered Mar. 7. He has been at the forefront of states challenging the constitutionality of the Horseracing Integrity and Safety Act (HISA) and the Horseracing Integrity and Safety Authority (Authority) that the law established. In addition to constitutionality issues, Landry has expressed concern for the financial hardship that a largely duplicative bureaucracy will put on large portions of the horse-racing industry. Louisiana has four tracks that conduct horse racing.

“I am honored to be chosen the keynote speaker at the National HBPA Conference, and I look forward to visiting with so many who ply their trade in such a great industry,” said Landry, a decorated Army veteran. “I will continue fighting for them to prevent the federal government from taking over horse racing.”

Added National HBPA CEO Eric Hamelback: “Louisiana Attorney General Jeff Landry embodies the positive vision with the inspiration and passion we seek in a keynote speaker. He has proven to be a strong advocate for horsemen and women who understands our labor-intensive industry with its substantial agribusiness, not only in Louisiana but throughout the country. He believes in a bright and better future for horse racing, and refuses to let us be trampled by special interests.”

More information and registration is available here.

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Louisiana Joins Lawsuit Seeking To Derail Horseracing Integrity And Safety Authority

The state of Louisiana has joined a federal lawsuit challenging the constitutionality of the Horseracing Integrity and Safety Act of 2021 that would create a national regulatory oversight board for medication and safety issues in Thoroughbred racing.

The legislation passed both Houses of Congress as part of an omnibus spending bill late last year and was signed into law by then-President Donald Trump. It creates an independent, non-governmental agency, the Horseracing Integrity and Safety Authority, which is expected to contract with the U.S. Anti-Doping Agency. The Federal Trade Commission is charged with reviewing the Authority's policies.

Louisiana joins two other states, Oklahoma and West Virginia, in challenging the constitutionality of the Horseracing Integrity and Safety Act and seeks an injunction to prevent the Authority from assuming its responsibilities by July 2022, as required by the law. That suit, which also includes the United States Trotting Association as a plaintiff, was filed in April.

Louisiana Attorney General Jeff Landry issued the following statement concerning the decision to join the suit:

“HISA requires the unelected Authority to exercise regulatory authority over horseracing in Louisiana, mandates our State to assist the Authority, and forces us to choose between remitting funds to the Authority or losing some of our powers of taxation. This violation of the Tenth Amendment would have devastating effects to our State and the thousands of Louisianans in the horse industry,” said Landry.

“While I believe that horses should be treated humanely and horseracing should be held to the highest degree of integrity, I know that more bureaucracy from an overreaching and unaccountable fiefdom is not the way to achieve these goals,” Landry continued. “We should continue our Legislature's decades-long delegation of police powers over the industry to the Louisiana State Racing Commission, knowledgeable participants who have collected significant fees and taxes while enforcing our statutes and regulations concerning the health and safety of equine athletes and all other industry participants throughout Louisiana.”

The Louisiana Horsemen's Benevolent and Protective Association, which already joined an earlier suit filed by the National HBPA and several affiliates, issued a statement by its president, Benard Chatters.

“The actions of Attorney General Jeff Landry in opposing the HISA law demonstrates his genuine concern for the well-being of the Louisiana horse racing and breeding industry and its participants throughout the State as well as our equine athletes,” Chatters said.

“The Louisiana Horsemen appreciate and respect the unwavering support of Attorney General Jeff Landry, which he has consistently shown to the Louisiana horse racing and breeding industry throughout our State,” said Ed Fenasci, executive director of the Louisiana HBPA.

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