HISA Seeks Stay After Louisiana, West Virginia Ruling

Just six days after Horse Racing Integrity and Safety Authority (HISA) opponents won a round in court in which a federal judge granted a preliminary injunction that halted implementation of HISA rules going into effect in Louisiana and West Virginia, HISA and the Federal Trade Commission were back in court Monday filing an emergency motion for a stay pending appeal.

The motion was filed in the United States Court of Appeals for the Fifth Circuit.

The filing from HISA maintains that when granting the preliminary injunction, the court erred in regards to the length of the period required for public comment. Lawyers for HISA contend that the Federal Trade Commission, which oversees HISA, has provided 14 days for public comment following its publication of proposed rules, which does not violate any rules. They contend that the “court mistakenly believed required the Commission to provide a minimum 30-day comment period.”

The filing continues: “A stay is warranted because that ruling rests on legal error and does not reflect a sound balancing of the equities. The APA (Administrative Procedure Act) imposes no minimum comment period, and the district court plainly erred in concluding otherwise.”

When granting an injunction to the plaintiffs, which included the Jockeys' Guild and the states of West Virginia and Louisiana, Judge Terry Doughty of U.S. District Court (Western District of Louisiana) did not appear to consider the public comment period a major factor in his decision. Instead, he focused on the plaintiffs allegations that HISA was causing them irreparable harm and that an injunction was needed while still other courts were deciding the constitutionality of the Horse Racing Integrity and Safety Act.

“Here, there is an obvious link between the HISA rules and Plaintiffs' alleged injuries,” Doughty wrote. “All the above alleged injuries are 'fairly traceable' to the rules enacted thus far by HISA and the FTC.”

Borrowing a page from their adversaries, HISA attorneys wrote that if they are not granted a stay and HISA regulations cannot immediately be implemented in West Virginia and Louisiana that “will cause grave and irreparable harm to the horseracing industry and the public in contravention of Congress's clear intent.” They called Doughty's decision a case of “flagrant judicial overreach.”

Two separate federal courts have already dismissed lawsuits from the same plaintiffs that include similar arguments made before Doughty's court and question whether or not HISA is constitutional. Both courts ruled in favor of HISA but those decisions have been appealed.

“The preliminary injunction is unlikely to survive appeal and, in the meantime, will cause irreparable damage to the Authority's ability to implement the Act in a timely and orderly fashion,” HISA's court filing reads.

The HISA filing relies on the same arguments that gave birth to the Horse Racing Integrity and Safety Act, that when it comes to integrity and safety, the industry was adrift, in need of change and that the best way to accomplish that was through a central authority.

“The importance of this program cannot be overstated as [the Authority] build[s] on advances the industry has already

made by implementing national, uniform rules and regulations, increasing accountability, and using data- and research-driven solutions to enhance the safety of our horses and jockeys,” the filing reads.

The filing concludes: “This Court should stay the order pending appeal as soon as possible, but no later than Aug. 5, 2022 (as the harm from the injunction mounts with each racing day).

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Ask The Expert: Ice Management And Prevention

Question: The December rains and strange weather has turned my property into an ice skating rink. What can I do to make my paddocks safer for myself and my horses?

University of Minnesota Extension responds: Ice is a major safety concern for both horses and their owners. The first step to ice management is prevention. Before the ground freezes, try to provide channels for water to flow away from alleyways, turn out sheds, and areas that horses frequently gather. Gutters on barns and sheds are also recommended as long as they direct water away from high traffic areas. When the temperature is below freezing, avoid dumping or draining whole water tanks, larger buckets, or automatic waterers into paddocks. Finally, when plowing or blowing snow, it is best to move as much snow as possible into areas where the water will drain away from paddocks and alleyways. However, use caution with this approach as melting after snow removal can lead to slick surfaces.

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When there is a build-up of ice, poultry grit, sand, and fresh manure are options to help increase traction. Avoid using straw, hay, or fresh shavings as these tend to slide over the ice and will not provide consistent traction. When using grit or sand, make sure to feed horses away from the area, or provide hay and grain in feeders off the ground so that horses do not accidentally ingest the substrate. When temperatures are not too cold, pure salt can be used to speed melting, but should be used in moderation. The effect of salt on horse hooves has not been researched and prolonged exposure has unknown consequences. Additionally, avoid applying salt and sand at the same time as horses may accidentally ingest the sand while licking the salt. Finally, ensure that your horse has the best traction from their hooves. Regularly removing built-up snow and ice from hooves will help the hoof better grip ice and snow and will reduce slipping and falling.

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Record Wagering, Safe Racing Highlight Del Mar’s 2021 Seasons

Del Mar brought to a close its 2021 racing calendar on Sunday with the conclusion of its eighth Bing Crosby Season adding additional luster to its robust summer stand. Between them, the pair totaled an exceptional combined final wagering mark of $943.49 million, a record for the seaside oval.

The track could point to many other positives throughout the 2021 year – the return of racing fans, exceptional purses for its horsemen, hosting another record-setting Breeders' Cup among them. But the standard the track is proudest of is its continuing mark as America's safest major racetrack. Only one horse was injured catastrophically in the 426 races and 3,552 starters that performed during the two sessions, a mark that is unmatched in the country.

Total handle for the four-week, 13-day fall session was $171.58 million. The fall meet average daily handle was a record $13.19 million, which was 1.0% higher than the record average daily handle posted last year.

The Breeders' Cup – conducted at Del Mar on November 5 and 6 – had a common-pool handle of $183,260,127, a two-day record for the championship event.

When Del Mar last hosted the Breeders' Cup in 2017, it posted a then-record handle of $166,077,486. The new mark is 10.4% higher than that.

Del Mar's wagering in 2021 totaled $943.49 million, 21.3% higher than the previous record of $778.97 million set in 2017 the last time Del Mar hosted the Breeders' Cup.

Del Mar Thoroughbred Club's CEO, Joe Harper, said he was extremely pleased by events at his track over the year.

“I am exceptionally proud of our team and seeing all their hard work come to such wonderful fruition over the course of the two seasons,” he said. “We put on a helluva Breeders' Cup show once again; we were at our best for the best. And we're safe, very safe. That's just the best of all.”

“The racing world once again got to see what we're spoiled with every year – one of the best operations in the industry,” said Gary Fenton, chairman of the Thoroughbred Owners of California. “Breeders' Cup kicked off another wonderful meet and we're so grateful for the entire DMTC team. TOC couldn't ask for a better partner.”

The track's Ship & Win program – where it encourages horsemen and horsewomen to bring their runners to Del Mar for both of its seasons and has proven to be one of the great thoroughbred magnets in the country – had another banner session. Sixty-seven new runners came to town this fall under the program with six of them making a second start during the Bing Crosby Season. All told, 1,885 “S&W” runners have come to California since the program was put in place 11 years ago.

Its fall Turf Festival again drew high-class runners from across the land to compete in its seven-race stand over the final weekend of the meet. More than a dozen stakes aces shipped in to take on the local runners in the rich events.

The track's fall riding king was Juan Hernandez with his 17 firsts from 79 mounts during the 15-day (counting the Breeders' Cup) session. It is his first riding title at Del Mar. The top trainer was Phil D'Amato who registered 15 firsts from 52 starters. It is his first fall riding championship, but his third at the track overall.

Racing will return to Del Mar next July 22 for the track's 83rd summer season.

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Are Probiotics Worth The Hype?

Probiotics have their fair share of both devotees and naysayers. Why do the devotees keep probiotics in their medicine cabinet? For diarrhea, primarily. Approximately 80 percent of foals develop diarrhea sufficiently severe to threaten growth and, depending on its severity, survival. Adult horses develop diarrhea for several reasons, including physical and mental stress, disease, and certain medications.

Treating diarrhea medicinally may resolve the condition, but some medications have unwelcome side effects: inappetence, skin reactions (wheals, swelling), and kidney toxicity. The benefits of administering probiotics for treating or preventing diarrhea remain largely theoretical despite the widespread availability of the products.

To shed light on the actual, rather than perceived, benefits of probiotics in horses, Australian researchers conducted a thorough review of the available scientific literature. After combing through many relevant research papers, they selected 18 that examined the safety, tolerability, and efficacy of probiotics in horses and foals. Some of the key findings of this study were:

  • Probiotics appeared well tolerated in adult horses with few safety concerns;
  • Substantial concerns were noted in foals. High doses of multistrain probiotics appeared to aggravate diarrhea, particularly when products similar to those designed for humans were used. When the probiotic contained organisms more closely related to the microbes normally found in the equine microbiome, the incidence of foal diarrhea nearly halved; and
  • Single probiotic interventions appear less effective than multispecies probiotics.

In addition to managing diarrhea, owners sometimes give probiotics to horses whose diets contain large grain meals.

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“High-grain diets can disturb intestinal function, leading to hindgut acidosis, a condition characterized by unusually low pH in the cecum and colon. This drop in pH can change the microbiome, reducing digestibility of feed. Hindgut acidosis may result in loose manure, decreased appetite, behavior changes, colic, and laminitis,” explained Peter Huntington, B.V.Sc., M.A.C.V.Sc., director of nutrition at Kentucky Equine Research.

To combat plummeting pH in the hindgut, researchers looked at offering a probiotic to improve the microbiome and increase digestive function. However, two separate studies failed to identify any benefit in feeding a probiotic to horses given high-grain diets.

“This finding leaves room for more research and alternate approaches to controlling pH in the hindgut. Using hindgut buffers such as the research-proven hindgut supplements created by Kentucky Equine Research are potentially better than using probiotics for this purpose,” Huntington recommended.

While the role of probiotics for intestinal conditions remains unclear, researchers found beneficial effects of probiotics in exercising Standardbred horses. Specifically, those researchers stated that “administration of multistrain bacterial formulations to increase stamina in exercising horses shows promise.”

Huntington added, “Supplemented horses had lower blood lactate levels, which may delay fatigue in exercising horses. At this time, though, researchers are unclear as to how probiotics lower blood lactate levels.”

Also noteworthy, the number of studies examining probiotics in horses was extremely small compared to those for humans. As such, much of the information used to support probiotics intended for horses is actually extrapolated from human studies.

“The anatomy and physiology of the equine digestive tract are very different from that of the human, which makes data extrapolation inappropriate. Using human data for horses may at least partly explain the lack of reported efficacy of probiotics in horses,” Huntington said.

Instead of extrapolating from human medicine, scientists should consider equine-specific research, as many questions remain unanswered. For example, what species of bacteria and yeast should be included in probiotic supplements, and what multistrain products will have the most benefit? How much should be given? How long should horses be given the supplements?

Quality concerns also persist. Do commercial over-the-counter probiotics contain the type or amount of ingredient they claim? The live bacteria that went into the package or syringe may not be viable when actually fed, which negates its usefulness.

“While probiotics may exert positive gastrointestinal and extraintestinal effects, using poor-quality products or administering probiotics incorrectly may delay more appropriate treatments or interventions and are economically draining for horse owners,” summarized Huntington.

*Cooke, C.G., Z. Gibb, and J.E. Harnett. The safety, tolerability and efficacy of probiotic bacteria for equine use. Journal of Equine Veterinary Science 99:103407.

Article reprinted courtesy of Kentucky Equine Research (KER). Visit equinews.com for the latest in equine nutrition and management, and subscribe to The Weekly Feed to receive these articles directly (equinews.com/newsletters).   

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