Hip 131 is a full-brother to the stakes-placed Swot Analysis and a half-brother to multiple stakes winner Free Drop Maddy (Free Drop Billy). The top three yearlings in the sale were all sold by Clear Creek Stud LLC, agent.

A total of 120 yearlings sold for a gross of $1,306,100, an average of $10,884 and a median of $6,000. There were 40 RNAs.

Followed by mixed session, two weanlings sold for a gross of $6,700 and an average of $2,350. One horse of racing age sold for $1,000 and 23 broodmares sold for a gross of $67,300 and an average of $2,926. The overall gross for the sale was $1,381,100.

Complete results can be found on the LTBA Website.

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However, U.S. District Court (Western District of Louisiana) Chief Judge Terry Doughty wrote in his Sept. 14 ruling that, “This Order shall not be considered a dismissal or disposition of this matter,” and that he was halting the case while the Fifth Circuit decision played out “without prejudice to the right of the parties to reopen the proceedings.”

This means the plaintiffs (the two states are joined by the Louisiana racing commission, the Louisiana HBPA, the Louisiana Thoroughbred Breeders Association, West Virginia's racing commission, and five individuals regulated as “covered persons” under HISA) and the defendants (the HISA Authority, the Federal Trade Commission [FTC], plus overseers of both entities) must now await the decision–likely to be issued months from now–that will result from the Fifth Circuit oral arguments scheduled Oct. 4.

In 2 1/2 weeks, the National HBPA and 12 of its affiliates will be trying to prove claims that the 2022 rewrite of the HISA law remains “patently unconstitutional,” and that the Authority overseeing the sport “is basically a private police department” whose sweeping powers equate to “oligarchic tyranny.”

The HISA Authority and the FTC will go into those same arguments backed by a lower court's opinion issued in May that ruled HISA is indeed constitutional, because “Congress cured the unconstitutional aspects of HISA's original approach.”

It's also on the judicial record that the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of HISA back in March.

One day prior to Judge Doughty's ruling, Magistrate Judge David Ayo wrote in a report that recommended staying the Louisiana case that the multiple, overlapping anti-HISA lawsuits currently swirling in the court system are clogging federal dockets.

“After an exhaustive review of the landscape of suits challenging the Act, this Court concludes that [an amended complaint the plaintiffs had filed] is the result of deliberate strategy” that equated to “an abuse of procedure and an impermissible use of judicial resources,” Judge Ayo wrote in his Sept. 13 report.

The original lawsuit in this case was filed June 29, 2022, alleging that HISA violates the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations.

The post Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The printed catalog is in production and will be in the mail mid- to late August.

The post Louisiana Yearling Sale Catalogue Now Online appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The defendants, who consist of the HISA Authority, the Federal Trade Commission (FTC), and board members and overseers of both entities, have allegedly violated the Fourth, Seventh and Tenth Amendments to the United States Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations, according to a series of June 29 filings in U.S. District Court (Western District of Louisiana).

“The regulatory power that Congress purported to delegate to HISA is breathtaking in scope, covering virtually all aspects of horseracing,” the complaint states. “HISA claims power to adopt rules governing doping, medication control, and racetrack safety. It claims power to investigate violations of its rules by issuing and enforcing subpoenas. After investigating alleged violations, it claims to then be able to act as judge in its own cases and adjudicate alleged violations of its rules.

“If that's not enough, HISA claims power to bring civil actions in federal court in response to known or anticipated violations of its regulations. And for those it deems guilty of disobeying its commands, HISA claims disciplinary power to issue sanctions up to and including lifetime bans from horseracing, disgorgement of purses, and monetary fines and penalties.

“Since the scope of HISA's purported regulatory authority extends to virtually all activities related to horseracing, it's not surprising that HISA likewise claims authority to regulate nearly all persons associated with the horseracing industry. Specifically, HISA claims power to regulate trainers, owners, breeders, jockeys, racetracks, veterinarians [and] others licensed by a state racing commission, and agents of any of those persons.

“Despite purporting to exercise this breathtakingly broad federal regulatory power over all activities and persons related to horseracing, HISA is unaccountable to any political actor. No federal official can remove the members of HISA's Board of Directors. The Act thus delegates to a private body the full coercive power of the federal government while simultaneously insulating it completely from political accountability,” the complaint states.

The plaintiffs want “expedited consideration” from a federal judge to keep the first phase of HISA's “substantively and procedurally deficient rules” from going into effect July 1.

“Congress's efforts to federalize horseracing regulations through a private entity like HISA suffer from a host of constitutional problems,” the complaint states.

“Just this week, four U.S. Senators wrote to [HISA executives] to question whether the FTC is providing adequate oversight of HISA, whether Congress should extend HISA's statutory deadlines, and why HISA decided to delay implementation of some rules but not others,” the complaint states.

HISA has already gotten two lawsuits dismissed that alleged unconstitutionality, although an appeal is underway in one case and expected in the other. On Mar. 31, a federal judge in Texas threw out a complaint initiated one year ago by the National Horsemen's Benevolent and Protective Association (NHBPA). On June 3, a federal judge in Kentucky tossed a similar suit in which Louisiana and West Virginia were also plaintiffs, ruling that HISA's enforcement powers were indeed lawful.

This time around, the plaintiffs are the state of Louisiana, its racing commission, the Louisiana HBPA, the Louisiana Thoroughbred Breeders Association, the Jockeys' Guild, the state of West Virginia, its racing commission, and five individuals regulated as “covered persons” under the HISA Act.

Lisa Lazarus, the HISA chief executive whose name tops the list of individual defendants, did not respond to a Thursday morning query for comment prior to the breaking-news deadline for this story.

The plaintiffs want a federal court to provide declaratory judgments that assert 1) the FTC exceeded its statutory authority by approving each of the HISA rules; 2) the HISA rules are arbitrary and capricious under the APA; 3) HISA's enforcement rule violates the Fourth and Seventh Amendments, and 4) the HISA rules are procedurally invalid under the APA because the FTC failed to promulgate them through proper notice-and-comment rulemaking procedures.

The suit also asks for declaratory judgment and a permanent injunction finding the HISA rules invalid and setting them aside, plus a temporary restraining order and an injunction prohibiting HISA or the FTC from taking any actions based on the HISA rules currently in place.

HISA's funding is a key issue that comes under question in the lawsuit.

“A private, politically unaccountable entity with breathtaking regulatory power over an entire industry requires significant funding to carry out its work,” the complaint states. “HISA, however, is not funded by Congress. Instead, Congress forced the responsibility of funding HISA onto the States. The Act forces States to choose either to fund HISA with money from the State treasury (or racing commission) or-if a State refuses–HISA intends to assess fees to the racetracks, which will undoubtedly be passed on to participants in that State's racing industry…

“As things stand today, the FTC has finally approved only three sets of regulations from this private, unfunded, politically unaccountable entity known as HISA. Those three sets of final rules cover 1) racetrack safety, 2) HISA enforcement proceedings, and 3) HISA's methods for assessing and collecting funds. All three sets of final rules will wreak havoc on the racing industry within a matter of days. And all three sets must be preliminarily and permanently enjoined because they suffer from fatal flaws under the APA Act or contradict constitutional guarantees,” the complaint states.

The suit alleges that when a first batch of HISA rules got approved in March and April, the FTC provided only a 14-day public comment period, far shorter than the typical 30 or 60 days. The complaint purports that this is an “unlawful pattern,” and that the FTC “ignored commentators who identified that HISA's rules for assessing fees are contrary to law because HISA bases assessments on purse size and racing starts but the Act limits the assessment methodology solely to race starts, with no mention of purse size.”

With specific respect to Louisiana, the suit states that “it is unclear how HISA will collect monies from racetracks and covered persons because Louisiana law makes clear that the Louisiana State Racing Commission must ensure pari-mutuel wagering revenue is distributed in a particular manner-namely, that 'fifty percent of [specific proceeds] shall be distributed by such track licensee as purses' and the remaining fifty percent 'shall be distributed by such track licensee as purses.'”

The complaint states that its “most pressing” concerns have to do with an expected spate of scratches come Friday if  “covered persons” aren't properly registered with HISA.

“At recent meetings, Defendant Lazarus claimed that HISA will attempt to scratch horses associated with covered persons who refuse to register with HISA or otherwise seek to disqualify horses post-race associated with unregistered personnel,” the complaint states.

“If HISA is allowed to enforce this punitive system, it will strip jockeys, owners, trainers, and all individuals involved in the horseracing industry of their economic interests in race purses-which are not set by HISA-and call the integrity of the entire industry into question.”

As far as the Jockeys' Guild is concerned, the “one-size-fits-none crop rule” is a chief beef.

“This is a major change from Louisiana's incoming rule, for instance, which will likewise limit the use of the crop to six overhand strokes but permits the use of underhand strikes at different junctures in a race, which is critical to the integrity of the race and participant safety,” the complaint states.

“Indeed, the FTC and HISA chose not to consider problems with state-specific concerns that were raised during the comment period and instead arbitrarily issued a rule without addressing comments criticizing that rule,” the complaint states. “The FTC's failure to meaningfully respond to these comments on the crop rule makes the rule arbitrary and capricious.”

The Fourth Amendment allegedly comes into play because a HISA rule “subjects covered persons, including the Individual Plaintiffs, to searches and seizures by HISA without prior approval by a judge or magistrate. This constitutes a per se violation of the Fourth Amendment,” the complaint states.

The Seventh Amendment allegations refer to HISA's ability to seek civil penalties from covered persons. “HISA enforcement actions under these rules that successfully obtain civil penalties will deprive aggrieved parties of their property rights and economic interests without providing aggrieved parties the right to a jury trial. The Enforcement Rule thus violates the Seventh Amendment's guarantee of a jury trial,” the complaint states.

The Tenth Amendment, which stipulates that the federal government only has powers that are specifically delegated in the Constitution, isn't directly addressed in the complaint. But the plaintiffs allege a violation of it in their separate request for a restraining order and injunction.

Later Thursday, Doug Daniels DVM, National HPBA President and Chairman of the Board, said, “We agree integrity, safety and uniformity in horse racing are of great importance, but we also believe getting each of these addressed in a lawful and proper manner is of paramount importance. Horsemen and horsewomen from coast to coast as well as United States Senators Grassley, Manchin, Ernst and Kennedy are asking for this implementation to be delayed and thus far it has gone on deaf ears.

“Now it has become necessary to request this court decide if HISA is ready for its roll-out. The participants are clearly saying the answer is 'no'–the implementation and the regulations are not ready as they stand today. We applaud Louisiana Attorney General Jeff Landry and the other plaintiffs who are demanding answers for everyone in the industry.”

The post New Lawsuit Aims to Halt HISA On Eve of Implementation appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The sale will be held at the Equine Sales of Louisiana facility in Opelousas, La. and will be limited to 228 stalls at the facility.

After not conducting a sale since 2015, the LTBA hosted a yearling sale averaging over $13,000 with a median of $8,000.

The entry deadline is July 6. Entry forms will be available in late May and be available to be downloaded from the Louisiana Thoroughbred Breeders Association web site of www.louisianabred.com.

The post LTBA to Hold Louisiana Yearling Sale Oct. 1 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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MK Election Services, an impartial balloting agency, certified the results.

The post LTBA Elects Five to Board of Directors appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The post Custom for Carlos Colt Tops Louisiana Sale appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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With 13 outs and 22 RNAs, a total of 87 head sold for $898,000. The yearling average was $13,027. The weanling average was $3,117, and the mare average was $2,167.

Hip 7, a Custom For Carlos colt out of Labadeel, a Forest Wildcat mare, was purchased by Ricky Lagrange for $47,000 to top the sale. The bay colt was consigned by Clear Creek Stud, agent.

Hip 54, also out of the Clear Creek Stud consignment, was purchased by Norman Stables for $45,000, the second highest price of the day. A half-sister to stakes-placed Raising the Ante, the bay filly is by Midnight Storm out of the Majestic Warrior mare, Ante Up Annie.

The post Custom For Carlos Colt Tops Louisiana Yearling And Mixed Sale appeared first on Horse Racing News | Paulick Report.

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The auction will take place Saturday, Oct. 2 at the Equine Sales Facility in Opelousas, La., beginning at 11 a.m. Central.

A total of 83 yearlings are included in the catalog, which will be followed by a mixed session including 21 broodmares and 10 weanlings. All of the sale's yearlings are Louisiana-bred, while the weanlings hail from Louisiana and Arkansas.

Stallions whose first crops of yearlings are represented in the catalog include Cloud Computing, Free Drop Billy, One Liner, West Coast, Whence, and Yockey's Warrior. Stealcase has a weanling from his debut crop, as well.

To view the online catalog, click here.

The post Louisiana Yearling And Mixed Sale Catalog Now Online appeared first on Horse Racing News | Paulick Report.

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Louisiana Cup Day continues to be an excellent afternoon of racing for breeders, owners, trainers and jockeys with an esteemed list of past winners receiving recognition from the Louisiana Thoroughbred Breeders Association (LTBA) when they announce their annual champions. Ivery Sisters's Racing's Monte Man, Tri-Star Racing's Our Lost Love, Rodney Verret's Laughingsaintssong, Barrone Farms LLC's Is Too and Tin Roof Farms LLC's Snowball are just a few of the Louisiana Cup Day stakes winners who have been honored by the LTBA.

“Louisiana Cup Day is a great day for the breeders in our state and fans at Louisiana Downs to see some of the top Thoroughbreds in Louisiana,” said David Heitzmann, Director of Racing. “The day would not be possible without the support of Ed Fenasci, Executive Director of the HBPA and Roger Heitzmann, Executive Director of the LTBA. We look forward to presenting an excellent card on August 21.”

The six Louisiana Cup Day Stakes are as follows:

• $50,000 Louisiana Cup Juvenile 2 YO LA-Bred Six furlongs
• $50,000 Louisiana Cup Juvenile Fillies 2 YO Fillies LA-Bred Six furlongs
• $50,000 Louisiana Cup Filly & Mare Sprint 3 YO & Up F&M, LA-Bred Six furlongs
• $50,000 Louisiana Cup Sprint 3 YO & Up LA-Bred Six furlongs
• $50,000 Louisiana Cup Turf Classic 3 YO & Up LA-Bred 1 1/16 miles (T)
• $50,000 Louisiana Distaff 3 YO & Up F & M LA-Bred 1 1/16 miles (T)

Nominations for Louisiana Cup Day will close on Saturday, August 7. Contact David Heitzmann at dheitzmann@caesars.com or by calling (318) 741-2511.

The post Louisiana Downs Schedules Six Stakes For Louisiana Cup Day On Aug. 21 appeared first on Horse Racing News | Paulick Report.

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