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A judge in Kentucky has denied a motion for summary judgement by the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) and granted a motion for summary judgement by the Kentucky Horse Racing Commission (KHRC), Keeneland, and Churchill Downs in a civil case focusing on furosemide administration. Franklin Circuit Court Judge Thomas Wingate entered his order Nov. 18 after both sides had requested he find in their favor.

Earlier this year, the KHBPA had brought suit against the KHRC and racetracks because it argued the tracks inappropriately created a house rule mirroring proposed changes to state regulation beginning a partial furosemide phaseout in the state. This year was set to be the first time Lasix administration would be pushed back to 24 hours pre-race for all 2-year-olds, but a new rule reflecting this had not completed the regulatory process before the first juvenile races of the year were carded. Churchill and Keeneland wrote race conditions reflecting the impending rule change, which the KHBPA said was beyond the scope of their authority. Moreover, it had argued, the KHRC should not have allowed the tracks to make rules regarding medication. The commission and tracks cited rule language they believed did give them that authority.

After rule language reflecting the 24-hour Lasix administration in 2-year-olds went into effect in August, Wingate ruled, the question became moot.

“The Court must again begin this Order by stating that it is not concerned with any scientific or humanitarian argument in favor of or against the use of Lasix in horses,” Wingate's order read. “This zealously debated topic is not the issue before the Court. Instead, the Court is merely addressing a legal challenge brought by the KHBPA regarding what it alleges is an improper delegation of statutory authority to associations, such as Keeneland and Churchill, by the KHRC.”

The KHBPA had also challenged plans to push back pre-race furosemide administration in stakes races in 2021. Wingate indicated any claims about the legality of that action were not yet “ripe” since stakes races for older horses have not yet been carded under these circumstances.

The post Judge Finds In Favor Of Kentucky Tracks, Commission In Lasix-Focused Civil Case appeared first on Horse Racing News | Paulick Report.

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Two weeks after a judge denied a motion for a temporary injunction from the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) to halt Lasix-free 2-year-old racing in the state, the organization is asking him to reconsider. Earlier this month, Franklin County Circuit Judge Thomas Wingate denied the motion for temporary injunction and also granted a motion to dismiss the case against the Kentucky Horse Racing Commission, Churchill Downs, and Keeneland for a lack of standing.

Now, the KHBPA's attorneys say, that decision was unfair. Part of Judge Wingate's order focused on the organization's standing, which had been questioned by the defendants just before a hearing in late May. The KHBPA says the judge's order referred to affidavits from KHBPA members which were never intended to address the legal question of standing. The question of standing can include questions about the identity of a party, as well as whether a plaintiff can demonstrate they have suffered an injury as the result of actions by defendants.

In this case, Judge Wingate's order echoed a motion by the defendants, who say the “alleged injury” to KHBPA was speculative and not concrete. He also questioned why the KHBPA did not bring forth the name of an individual owner or trainer claiming to have been injured by the Lasix ban. The KHBPA said that it can do so, and simply wasn't given the opportunity before.

Parties in the case are expected to appear before the court on July 29 to hear arguments surrounding the KHBPA's latest motion. Prior to the June dismissal of the case, The Jockey Club, the Kentucky Thoroughbred Association and the Breeders' Cup were all permitted to file amicus briefs in support of the defendants in the case.

At a meeting of the Kentucky Horse Racing Commission this week, equine medical director Dr. Bruce Howard reported that so far this meet, Churchill Downs has held eleven 2-year-old races without race-day Lasix. Those races have included a total of 107 starters. None of them experienced epistaxis (bleeding from the nostrils), according to the commission's records.

The post Kentucky HBPA Requests Judge Alter Ruling In 2-Year-Old Lasix Case appeared first on Horse Racing News | Paulick Report.

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