Liberty Justice Center | Horse Racing Free Tips

After Thursday's dismissal by a federal judge of the National Horsemen's Benevolent and Protective Association (NHBPA)'s lawsuit questioning the constitutionality of the Horseracing Integrity and Safety Act (HISA), the NHBPA issued the following response:

“Aspects of this law will have a devastating effect on our industry and put many hardworking horsemen and horsewomen out of business,” said National HBPA CEO Eric Hamelback. “We've been saying for several years that this legislation was illegal. We are considering our options to appeal the decision and remain committed to doing due diligence to ensure a legal solution that protects the health and welfare of our equine and human athletes is adopted.”

The statement continued, “In his decision, Judge Hendrix acknowledged his court cannot “expand or constrict” the precedents, which makes the ruling ripe for appeal. Judge Hendrix wrote, 'The Horsemen are correct that HISA creates a novel structure that nationalizes regulation of the horseracing industry…Although the Horsemen make compelling arguments that HISA goes too far, only appellate courts may expand or constrict precedent. This Court cannot.'”

National HBPA and affiliates in Arizona, Arkansas, Indiana, Illinois, Louisiana, Nebraska, Oklahoma, Oregon, Pennsylvania, Washington, West Virginia and Tampa Bay are represented by the Liberty Justice Center, a national nonprofit law firm.

“We are encouraged that Judge Hendrix recognized the strength of our arguments and plan to push them vigorously on appeal,” said Daniel Suhr, managing attorney at the Liberty Justice Center. “Congress cannot cede its legal authority to regulate an entire industry to a private organization. This case remains important to protect the integrity of not only the horseracing industry but also our Constitution.”

The statement concluded, “HISA still faces a separate federal lawsuit challenging its constitutionality. That suit filed in Lexington, KY., was brought by the United States Trotting Association; the states of Oklahoma, West Virginia and Louisiana with support from six additional states; and other entities that include two racing commissions and the Oklahoma Quarter Horse Association. In the best interest of horse racing, horsemen and horsewomen, we must continue to exercise our due diligence and see this through. The National HBPA appreciates the process. We believe Judge Hendrix has done deliberative, supportive work and has provided a path to move forward with our challenge.

A number of state and industry officials also issued statements on the decision:

James L. Gagliano, President and COO of The Jockey Club:
The Jockey Club congratulates the Horseracing Integrity and Safety Authority and its counsel on the Federal Texas District Court's finding that the Horseracing Integrity and Safety Act of 2020 is indeed constitutional.

For those long supporting the passage and implementation of the Act, this is a result we have long anticipated. To HISA Chairman Charlie Scheeler, CEO Lisa Lazarus, and the entire HISA team and its counsel, we express our gratitude for your continued dedication to the cause of equine safety and integrity in our sport. We look forward to HISA beginning the first prong of its programs to enhance our sport on July 1.

Marty Irby, Executive Director of Animal Wellness Action:
We applaud the court for validating what we knew all along, the Horseracing Integrity and Safety Act is in sync with the U.S. Constitution and intent of the Commerce Clause–some of the most brilliant legal minds in Congress, the animal protection space, and Thoroughbred horse racing prepared and vetted a bullet-proof measure that's now the law of the land.

It's time for the Horseracing Integrity and Safety Authority to swiftly implement the new law as intended and secure a contract with the U.S. Anti-Doping Agency to oversee all testing and enforcement so the eradication of doping can begin. We congratulate the Authority on this tremendous victory leading up to the running of the 148th Kentucky Derby.

U.S. Senate Repulican Leader, Ky Senator Mitch McConnell:
Kentucky's signature horseracing industry is a key part of our heritage and supports 24,000 workers across the Commonwealth. Working closely with sport leaders, horse advocates, and fans, Congressman Barr and I led the Horseracing Integrity and Safety Act of 2020 to passage to promote safety and fairness across Thoroughbred racing, ensuring the sport's future viability. This legislation's advocates knew from the beginning that it was fully constitutional, and I am pleased the court agreed with our arguments, which I supported through an amicus brief. I congratulate the Horse Integrity and Safety Authority for their recent positive momentum, moving us all closer to a safer, better-regulated American Thoroughbred racing industry.

Ky Congressman Andy Barr:
The Horseracing Integrity and Safety Act was carefully and thoroughly drafted with an eye toward ensuring the Authority it created was constitutional in its structure and powers. Throughout the process Senator McConnell and I consulted with lawyers and relevant precedent to ensure the statute would survive any constitutional challenge. The fact that the Northern District of Texas has upheld HISA reinforces that due diligence. I look forward to seeing the Authority begin its programming this summer and the further advancement of the sport.

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If you are an owner and trainer who plays by the rules, the last several years should have been hard to swallow. Racing, with its broken system, has proven unable to police itself and the result has been that cheaters have prospered and have done so at the expense of the vast majority of horsemen who do things right. Armed with syringes, the bad guys have been stealing money from the good guys. Lots of it.

Which is exactly why every honest horsemen should be 100% behind the Horseracing Integrity Safety and Integrity Act (HISA). It will give them a fighting chance.

HISA is not a magic bullet and it will not solve all of the sport's problems. Cheating will never go away totally. What HISA will do is to usher in a competent, effective system to police the sport. Instead of relying on each individual state and a system of drug testing that never really catches anybody, the United States Anti-Doping Agency (USADA) will take over, responsible for leveling what has been, for far too long, an uneven playing field. There is no doubt that USADA is going to make it a lot harder to get away with cheating.

Many prominent horsemen have come out in favor of HISA, but their voice was drowned out by the news that broke Monday that the National HBPA, along with 11 individual state horsemen's groups, was suing to put the brakes on HISA. This would be like Citibank suing for more lenient penalties for bank robbers. It makes absolutely no sense.

The lawsuit was filed by the Liberty Justice Center, which calls itself a non-profit public-interest litigation center that was founded to fight against political privilege. In a statement the group released Monday, USADA was never mentioned. Instead, the group contended that HISA is unconstitutional and, therefore, should be struck down.

It's hard to imagine that there is one horsemen anywhere who cares one bit whether or not HISA is unconstitutional or not. Instead, one is left to connect the dots and after doing so, it wouldn't be hard to reach the conclusion that the only reason to have HISA overturned would be that they prefer the status quo over a new system under the control of USADA. That is to say that they are fine with a system that rewards cheats at the expense of the very people who make up the majority of their membership. Trainers and owners represented by the groups that are part of the suit should be outraged.

It's not at all clear that the actions taken by the National HBPA and its affiliate groups even have the backing of the majority of horsemen nationwide. Many prominent trainers and owners have been outspoken in their belief that something must change and that HISA is the best route out of this morass. And several key state horsemen's groups were nowhere to be found among the press releases and statements issued Monday. Some of them have, in fact, come out in favor of HISA.

That doesn't mean that there aren't trainers who side with the HBPAs. The National HBPA issued a press release that included comments of support from a handful of owners or trainers, among them Ron Moquett, who said, “My job is to take care of horses and the people who help me take care of horses. I don't see how this does any of that. I definitely agree there are some things we should do to better the industry. But this legislation takes you down a bunch of back, curvy roads where you don't know where you're going. Change for the sake of change does not solve problems and is likely to create new ones.”

Moquett is exactly the type of trainer who should enthusiastically support HISA. There's every reason to believe that he is as honest as they come. The trainer of the venerable Whitmore (Pleasantly Perfect), he has never been involved in any sort of scandal and his lifetime winning rate of 12% suggests that his horses are running on nothing more than hay, oats and water. It's the Ron Moquetts of the world who are getting pounded by those who have a chemical edge. If he does not believe that he has never been beaten by a cheater, I suggest that he is hopelessly naive. It's probably happened dozens, if not hundreds, of times.

The backers of HISA, including The Jockey Club, seem confident that the horsemen's lawsuit will eventually end in defeat. That doesn't mean there won't be damage done. HISA is supposed to go in effect by July 1, 2022. Because of the lawsuit, that date could be in jeopardy. If the HBPAs and the Liberty Justice Center want to go to the mat on this one, they very well could tie things up for years in the courts. That would do demonstrable harm to a sport that is trying to clean up its act and send a message to its many critics that it takes the issues of doping and horse safety very seriously.

A horsemen's group should be looking out for all of its members, which means it should be leading the fight for integrity. That they are standing in its way is very sad.

The post Op/Ed: Horsemen’s Groups Turn Their Backs on Honest Trainers, Owners appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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