“Our inaugural annual report reflects our journey toward a safer, fairer and more resilient future for horse racing,” said HISA CEO Lisa Lazarus. “The success of HISA's programs relies on steady partnership among the tracks, trainers, riders, owners, veterinarians and state regulators who comprise the sport. Only by working together can we make Thoroughbred racing safer for its equine and human athletes.”

The Annual Metrics Report provides stakeholders with key data collected in 2023 at 50 racetracks in 20 states as part of HISA's Racetrack Safety Program, which went into effect July 1, 2022.

Highlights of the report include: accreditation visits to 21 tracks last year; creation of a centralized online database of horses and people involved in the sport, enabling treatment records and other information to be accessed by racetracks and officials across the country; a racing participant registration, which as of Dec. 31, 2023, had registered approximately 33,000 Covered Persons, 55,000 Covered Horses and 1,000 veterinarians actively involved in the daily and specialized care of equine athletes.

Other highlights from the report:

Racetracks operating under HISA's rules reported 1.23 racing-related equine fatalities per 1,000 starts in 2023. That rate is down from the rate reported by The Jockey Club in its Equine Injury Database (EID) in 2022 (1.25 per 1,000 starts) and is lower than the national rate reported in The Jockey Club's 2023 EID (1.32 per 1,000 starts).

The Jockey Club's 2023 EID also shows that non-HISA tracks reported a rate of 1.63 racing-related equine fatalities per 1,000 starts.

In 2023, HISA reported 4.40 crop rule violations per 1,000 starts, which is down from 5.09 violations per 1,000 starts in 2022.

To read the complete report, click here.

The Horseracing Integrity & Welfare Unit (HIWU) is expected to release a separate annual report detailing metrics from the Anti-Doping and Medication Control (ADMC) Program soon.

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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.

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SCHEDULE

TUESDAY, AUG. 23: Training from 5-9 a.m. with one break from 7-7:30 a.m.

WEDNESDAY, AUG. 24 – THURSDAY, AUG. 25: No training -maintenance project begins.

FRIDAY, AUG. 26 – SUNDAY, AUG. 28: Dogs will be set up around the track for horses to gallop the right way only with no backing up, no joggers and no free ponying. Normal training hours of 5:30-10:30 a.m. will be in place. Gate schooling, standing only, no breaking.

MONDAY, AUG. 29: Dogs will still be up with galloping the right way only with no backing up, no joggers and no free ponying. Training hours will be 5-9 a.m. with one break from 7-7:30 a.m.

TUESDAY, AUG. 30: The entire track will be available for horses with regular training hours of 5:30-10:30 a.m., but workouts won't be permitted.

WEDNESDAY, AUG. 31: The track will be open for regular training hours of 5:30-10:30 a.m. with workouts permitted.

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The most significant of the July 29 filings from the HISA Authority defendants was a notice that they are appealing Judge Terry Doughty's July 26 decision to grant a preliminary injunction to the plaintiffs, who are led by the states of Louisiana and West Virginia, plus the Jockeys' Guild. This new appeal will be heard by the United States Court of Appeals for the Fifth Circuit.

At the same time, HISA asked Doughty for an emergency stay that would stave off the injunction he ordered just 72 hours earlier.

“The Court's order constitutes judicial overreach,” the HISA defendants argued, questioning how Doughty arrived at his decision to enforce an injunction.

“Although the Court purported to conduct a standing analysis, it did not analyze standing or ripeness as to each individual challenged rule,” the HISA filing stated.

HISA continued: “The Court thus invalidated the Federal Trade Commission (FTC)'s racetrack safety, enforcement, and assessment methodology rules in their entirety without ever assessing how any particular rule injured (or imminently risks injuring) Plaintiffs. The Court's resulting advisory opinion is also deeply flawed on the merits.”

Acting swiftly, Doughty responded to the defendants' 38-page filing within two hours on Friday morning. He required barely more than a single page to firmly assert “no” to HISA's request to put the regulations back into effect in Louisiana and West Virginia until the Fifth Circuit ruled on the new appeal.

“[T]his Court, for the reason more fully set out in the [preliminary injunction ruling], believes that the likelihood of Authority Defendants' success on the merits is low,” Doughty wrote in his July 29 denial. “This Court further finds Authority Defendants will not suffer irreparable harm if a stay is not entered. This Court further finds that other parties will be harmed if the stay is granted.”

Doughty then added a terse warning apparently aimed at letting the Authority know he believes there are flaws in its rulemaking process, which is at the heart of the overall lawsuit.

“Further, HISA has not yet adopted rules addressing the horseracing anti-doping and medication program,” Doughty wrote. “HISA has time to address any constitutional authority issues and procedural issues under the Administrative Procedures Act (APA) in re-drafting and re-noticing rules related to a Racetrack Safety Program.”

The HISA defendants are alleged in the June 29 suit to have violated the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the APA, which governs the process by which federal agencies develop and issue regulations.

The third court action undertaken by the HISA defendants Friday was a request for a clarification of Doughty's July 26 order, specifically the section that stated, “The geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia, and as to all Plaintiffs in this proceeding,”

That clarification request was a direct response to a claim articulated by the Jockeys' Guild in a Wednesday press release that interpreted the judge's words to mean that the injunction “applies to all of the members of the Jockeys' Guild, regardless of the U.S. jurisdiction in which the jockey is riding.”

The HISA defendants stated that's not the proper interpretation.

“Plaintiffs have asserted that the Order extends to all of Plaintiffs' members nationwide,” the HISA filing argued. “But the members of the [Guild] are plainly not Plaintiffs in this case. And Plaintiffs' reading would wreak havoc on the sport. For example, many jockeys are not Guild members, such that different rules would apply to jockeys riding in the same race.”

The HISA Authority wants the judge to explicitly state that the injunction “applies to the implementation of the challenged rules as to Plaintiffs only and not as to [Guild] members nationwide.”

Technically, as listed on the original June 29 lawsuit, the state and organizational plaintiffs are the states of Louisiana and West Virginia, the racing commissions in both states, the Louisiana Horsemen's Benevolent and Protective Association, the Louisiana Thoroughbred Breeders Association, and the Jockeys' Guild. The only individual plaintiffs are five Louisiana-based “covered persons” under HISA rules, and only one, Gerard Melancon, is an active jockey.

The defendants consist of the HISA Authority, the FTC, and board members and overseers of both entities.

Notably, the FTC and its individually named defendants were not listed alongside the names of the HISA defendants who moved for the appeal, the stay, and the clarification in the July 29 filings.

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We appreciate your assistance in spreading the word on the need to register with HISA before the Racetrack Safety Program takes effect on July 1, 2022. It has come to our attention that

some users have recently experienced technical difficulties with the HISA registration platform.

The primary issue has been with the two-factor authentication system that relied on text messaging, a standard measure to ensure an additional layer of protection. Our technology

team has learned that, despite the success of earlier tests, HISA's text message verification codes have in many instances been misclassified by telecommunications providers as spam.

While we became aware several days ago of this issue, it unfortunately took more time than expected to identify why it was happening. It has now been repaired, but it will take more than a week for the fix to fully propagate through these vast systems. Therefore, we have suspended the account verification requirement and continue to secure the accounts using alternate methods.

While our helpdesk operators have been working around the clock, we understand that many registrants have experienced delays in receiving the verification code and/or responses from

the helpdesk. We sincerely apologize for any frustration these delays have caused.

All users who did not receive a verification code after completing the process have been automatically verified and should be receiving an email (or have already received one) notifying them of their successful registration and providing their HISA number. Tomorrow we will also initiate an outbound call campaign to verify that the automatically verified users received proper notification.

Thank you for your patience and understanding in the initial stages of our registration launch.

We aspire to deliver the high level of service this industry deserves, and we will continue to work tirelessly to ensure we meet your expectations going forward.

Yours truly,

Lisa Lazarus,

CEO, Horseracing Integrity and Safety Authority

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“These developments bring us closer to fulfilling our mandate to protect the wellbeing of both horse and rider through uniform rules and accreditation standards,” said HISA CEO Lisa Lazarus. “The Racetrack Safety Program will expand veterinary oversight, impose surface maintenance and testing requirements, enhance jockey safety and implement voided claim rules, among other important measures that will go into effect on July 1.”

The Enforcement Rule (8000 Series) describes a range of violations and civil sanctions, establishes procedures for disciplinary and racetrack accreditation hearings, and grants the Authority investigatory powers.

The annual assessments were determined by the FTC approved Methodology Assessment Rule (8500 Series), outlining a process that aims to ensure fairness and equity across Thoroughbred racing jurisdictions.

The cost calculations represent each state's proportionate share of HISA's 2022 budget as required under the Act. Under the rule, HISA calculated 50% of each state racing commission's cost according to the total number of starts in covered races and the remaining half based on starts weighted for purses in covered races.

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