Emergency HISA, FTC Filings Aim To Vacate Fifth Circuit’s ‘Unconstitutional’ Ruling

In the wake of “HISA fix” language which was signed into law after inclusion in the U.S. government's year-end spending bill, the Horseracing Integrity and Safety Authority and the Federal Trade Commission submitted four filings (two with “emergency status”) on Tuesday in an effort to vacate a pair of court opinions about the constitutionality of HISA. According to the Thoroughbred Daily News, HISA and the FTC are seeking rehearings in each of the Fifth Circuit Court of Appeals cases.

Also on Tuesday, the FTC issued an order which ratified its previous orders regarding rules issued by the Authority in order to to avoid any doubt about the force and effect of the horseracing rules that the Commission previously approved, including the Authority's rules on racetrack safety, enforcement, assessment methodology, and registration.

The Fifth Circuit Court of Appeals reversed a lower court ruling on Nov. 18 and found the Horseracing Integrity and Safety Act – the law creating the Authority – unconstitutional on the grounds that it delegated rule-making authority to a non-governmental agency. The decision effectively delayed implementation of the Authority's Anti-Doping and Medication Control program, that was scheduled to go into effect Jan. 1, 2023, since the FTC did not approve the medication regulations submitted by the Authority (citing legal uncertainty).

However, since the amendment included in the spending bill strengthens the FTC's rule making and oversight role of HISA, it provides a fix for “the alleged constitutional defect.”

The filing summarizes: “Accordingly, the [Fifth Circuit] panel opinion–predicated on a prior version of HISA that no longer exists and that Congress purposefully replaced–cannot stand.”

Read more at the Thoroughbred Daily News.

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Western Australia Jockey Banned Six Weeks For Careless Riding After Horse Dies In Perth Cup

Jockey Joseph Azzopardi has been banned for six weeks after a stewards' review of Sunday's Group 2 Perth Cup in Western Australia, reports The Guardian.

Stewards ruled that Azzopardi's careless riding resulted in the death of the horse Chili Is Hot; the jockey pleaded guilty after multiple video angles showed his mount, Buster Bash, shifted out in front of Chili Is Hot, causing that rival to clip heels and fall. The incident also caused Dom To Shoot to fall, but that horse escaped with minor injuries. Jockeys Peter Knuckey (Chili Is Hot) and Jordan Turner (Dom To Shoot) were each dislodged as well, but were cleared from injury.

“It is the worst moment in my racing career,” Azzopardi told the stewards' inquiry on Monday, according to 7news.com.au. “It was not intentional and I was trying to control Buster Bash, who was riding waywardly.”

Among the factors stewards considered when handing down the six-week ban were:

  • The seriousness of the incident,
  • Resultant consequences with Chili Is Hot sustaining fatal injuries in the fall and jockeys Peter Knuckey and Jordan Turner being dislodged,
  • The significance of the race being a feature Group 2 event where increased penalties apply,
  • The incident resulted in the race being declared void,
  • His prior record under the rule with his most recent careless riding suspensions being incurred in November and July 2022,
  • The degree of carelessness being in the mid range by allowing his mount to shift outwards in the early stages, where the field was compact and riders still finding their positions,
  • The high degree of interference,
  • His guilty plea and remorse for the incident.

Read more at The Guardian.

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Trainer Noda To Fight Fine, 90-Day Suspension For Alleged Mistreatment

Trainer and exercise rider Orlando Noda plans to fight the $5,000 fine and 90-day suspension meted by New York regulators for alleged mistreatment of a horse during training hours at the 2021 Saratoga meet, Daily Racing Form reports.

Noda's attorney, Drew Mollica, received a stay and temporary restraining order from a New York Supreme Court judge in Schenectady that allows him to continue training until his case is heard.

Regulators with the New York State Gaming Commission had also ordered Noda complete an anger management course as a condition for license reinstatement.

On Aug. 15, 2021, state steward Braulio Baeza Jr. issued a notice of violation to Noda for actions detrimental to the best interests of racing for excessively striking a Win With Pride while working the then-7-year-old Distorted Humor gelding out of Grade 1 winner Love and Pride, by A.P. Indy, at Saratoga on Aug. 5, 2021. Baeza imposed a $5,000 fine, but Noda requested a hearing, staying collection of the fine.

A hearing was conducted on Feb. 16, 2022, and March 28, 2022 and included witness testimony. The hearing officer submitted a report to the Commission's Secretary dated November 1, 2022, recommending that the Commission dismiss the charges.

The commission voted unanimously to reject the hearing officer's report and recommendations, instead issuing Noda a $5,000 fine and 90-day license suspension.

A court date in the case is set for Jan. 18, but the case is not expected to be heard at that time, the Form reports.

To read the full story at drf.com, click here.

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Santa Anita Sets All-Time Opening Day Handle Record, More Than 41,000 In Attendance

With idyllic weather conditions and a full menu of world class racing highlighted by six graded stakes, Santa Anita Park established an all-time record Classic Meet opening day handle mark of $26,315,016, a 35 percent increase over last year's opener.

An on-track crowd of 41,446, the Arcadia, Calif. oval's biggest on-track gathering since opening day, Dec. 26, 2016,  contributed to a festive atmosphere that accompanied a truly unforgettable day.

With three Grade 1 stakes included among the six graded offerings there were a number of tremendous performances, none topped by Taiba's 4 ¼-length triumph in the Grade 1 Runhappy Malibu, making him North America's only sophomore to win three Grade 1 stakes in 2022 and thus bolstering his case in the running for Eclipse Award honors for champion 3-year-old male.

“It was a fantastic day,” said Santa Anita Senior Vice President and General Manager Nate Newby.  “Today, Santa Anita Park again proved why we are indeed 'The Great Race Place.'  We'd like to thank our fans and horseplayers around the country and those that were with us here on-track for their continued support of our program.

“We'd also like to thank our horsemen, horse owners from around the world, our Hall of Fame jockey colony and our racing department for putting together one of the best cards run anywhere this year.  Combining it with picture-perfect weather, it was just a great start to our Classic Meet.”

Taiba, trained by Bob Baffert, provided the Nogales, Arizona native with his second Grade 1 stakes win of the day, his third graded win and was just one of five overall victories for Santa Anita's all-time leading Hall of Fame conditioner.

European superstar jockey Frankie Dettori, who has committed to riding full-time at Santa Anita for the first time in 35 years and who has also announced that he will retire following the Breeders' Cup World Championships Nov. 3 & 4 at Santa Anita, had a riding triple, including victory aboard North America's leading active money earner, Country Grammer, in the Grade 2 San Antonio Stakes.

Speaking of jockeys, Santa Anita's defending Classic Meet leader, Juan Hernandez, capped his opening day off with victory aboard the Phil D'Amato-trained Rhea Moon in the Grade 1 American Oaks, his second Grade 1 tally of the day and his fourth overall opening day win.

Racing resumes at Santa Anita on Friday, with first post time set for 12 noon (PT) through Monday, Jan. 2.

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