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Senators Grassley, Manchin File Amendment To Strip ‘Quick Fix’ HISA Language From Omnibus Bill

The following press release was sent out by the Iowa Horsemen's Benevolent and Protective Association.

Senator Chuck Grassley (R-IA) has jointly filed an amendment with Senator Manchin (D-WV) that would strip references to the Horseracing Integrity and Safety Act (HISA) from the 4,000-page omnibus spending bill being considered this week in Congress.

One-sentence language in the year-end, must-pass package attempts to fix HISA's legality issues. The Fifth Circuit Court of Appeals unanimously ruled that HISA is unconstitutional, with challenges remaining in other courts. Nine state attorneys general sent a letter to Senate Minority Leader Mitch McConnell (R-KY) imploring him not to employ the same technique that led to HISA's passage as part of the 2020 COVID relief bill without any hearings or debate.

When just such language was tucked into the current omnibus bill Monday night, Senator Grassley fired back Tuesday with his amendment, for which Senator Manchin signed on as a sponsor.

Jon Moss, executive director of the Iowa Horsemen's Benevolent & Protective Association, lauded Grassley for his strong support of Iowa horsemen.

“This 'quick fix' does not address the multiple issues that have and continue to be raised by horsemen across the country,” Moss said. “With that, there needs to be a robust discussion bringing together all horsemen to try and put forward what will work for our industry. This 'quick fix' doesn't even come close to doing that in a rational, transparent or inclusive way.

“The Iowa HBPA is grateful for Senator Grassley's continued engagement on this vitally important issue affecting our industry in the state and of course throughout the county. Let there be no doubt Senator Grassley is a champion for the cause of horsemen in Iowa and the rest of the US. Now is your time to call upon your Senators to support the Grassley Amendment to remove the HISA 'quick-fix' language.”

Supporters of the Grassley-Manchin amendment can send a message to their U.S. Senators through this link.

“I want to praise Senator Grassley for his bold move to protect horsemen in Iowa and throughout the U.S.,” said Eric Hamelback, CEO of the National HBPA. “An amendment to HISA should not have been written in the dark of night and has no place in the 4,000+-page spending bill. You cannot fix a constitutionally flawed law with one sentence. The Grassley Amendment will ensure that real, working horsemen are listened to on how to fix the law that regulates their industry. The Grassley Amendment is picking up steam, and I urge all horsemen to call and email their Senators right away to vote 'Yes' for the Grassley amendment.”

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Judge Sets Jan. 18 Hearing On Baffert Motion For Injunction Against Churchill Downs Ban

Federal Judge Rebecca Grady Jennings has ordered a Jan. 18, 2023, hearing to consider a motion by Bob Baffert for a preliminary injunction to end the ban against the Hall of Fame trainer imposed by Churchill Downs that runs through the 2023 spring-summer meet.

Churchill Downs Inc. CEO Bill Carstanjen banned Baffert for over two years from all of the company's properties in May 2021, citing private property rights. The ban also prevents Baffert-trained horses from earning qualifying points for the Kentucky Oaks and Kentucky Derby.

The action came after Baffert-trained Medina Spirit tested positive for betamethasone after finishing first in the 2021 Kentucky Derby. It was the second betamethasone positive for a Baffert runner in a major Churchill Downs race, following Gamine's failed drug test after a third-place finish as the odds-on favorite in the Kentucky Oaks in 2020. Baffert runners failed three other drug tests outside of Kentucky in 2020, including Charlatan in the G1 Arkansas Derby.

Medina Spirit was subsequently disqualified from his Derby win and Baffert was handed a 90-day suspension by the Kentucky Horse Racing Commission that he served earlier this year. Amr Zedan, the owner of Medina Spirit, has appealed the disqualification. Medina Spirit died following a workout in December 2021.

The complaint, filed in February 2022 in U.S. District Court for the Western District of Kentucky, is against Churchill Downs Inc., its CEO William Carstanjen, and CDI chairman Alex Rankin. A motion for injunctive relief came soon thereafter. A second motion for a preliminary injunction was filed Dec. 15, and on Tuesday the judge in the case ordered the Jan. 18 hearing at 1 p.m. at the Gene Snyder Courthouse in Louisville, Ky. Defendants have until Jan. 3 to respond to the renewed motion for a preliminary injunction.

“Bob was not afforded a simple conversation before Carstanjen announced a penalthy and lengthy suspension,” said Clark Brewster, attorney for Baffert. “It was unprecedented and from his announcement it was clear he had no basic knowledge of the KHRC rules or the facts which led to the report 21 picogram Beta report.”

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‘A Whole Generation Of Kids Was Failed By The Racing Authorities’: Australian Report Details ‘Historical Inaction’ Against Sexual, Physical Abuse

In March of 2022, Australian horse racing authority Racing Victoria announced a historical review into how the industry handled complaints of abuse. Beginning in July under the purview of Victoria's racing integrity commissioner Sean Carroll, the review has thus far included the testimony of 88 survivors of physical and sexual abuse.

Former jockey and trackwork rider Dennis Green told The Age he was subjected to sexual abuse and initiation practices while working for Geoff Murphy's stable in the 1970s. His reports of the abuse weren't investigated until the early 2000s.

“I think a whole generation of kids was failed by the racing authorities,” Green told The Age. “They've just been silent for too long.”

“Numerous victim survivors have also talked about the historical inaction of racing authorities in response to their complaints of sexual and physical abuse and expressed their dismay at what they perceive as 'cover-ups' and complaints being 'swept under the carpet',” Carroll wrote in his report. “For some, the threat of retribution is palpable. Many have spoken about not being offered guidance on what to do or where to complain, and simply tolerated ongoing mistreatment as a result.”

An earlier expose in The Age detailed the story of former jockey Ron Lockett, who was “accidentally” set on fire as an apprentice in the 1970s, as well as the stories of four other jockeys who were tortured (some of whom later attempted suicide).

Green is hopeful his testimony will allow other victims to come forward; the review is set to conclude in March, and a final report will be released by June.

“The review is an historic opportunity to ensure that what happens away from the track is as important to the integrity of racing as what occurs on the track,” Carroll told The Age.

Government Spending Bill Includes Language Strengthening FTC Role In HISA Rulemaking

In response to a Fifth Circuit Court of Appeals ruling that found the Horseracing Integrity and Safety Act unconstitutional, Congress has included an amendment in a $1.7 trillion government spending bill that gives the Federal Trade Commission a stronger oversight role of the private, non-governmental Authority the 2020 law created.

The omnibus bill, which exited the Senate and House Appropriations Committees early Tuesday morning, is designed to avert a federal government shutdown at midnight Friday.

The HISA clean-up language is intended to satisfy constitutional challenges stating the federal government may not delegate rule-making authority to a private entity. In the original language, the FTC could accept or reject proposed rules from the Authority, but not amend them.

The proposed amendment to Section 1204(e) of the Horseracing Integrity and Safety Act of 2020 (15 U.S.C. 30534(e) states that the Federal Trade Commission, “by rule in accordance with section 553 of title 5, United States Code, may abrogate, add to, and modify the rules of the Authority promulgated in accordance with this Act as the Commission finds necessary or appropriate to ensure the fair administration of the Authority, to conform the rules of the Authority to requirements of this Act and applicable rules approved by the Commission, or otherwise in furtherance of the purposes of this Act.”

Opponents of HISA have stated they will file additional lawsuits challenging the law in the event amendments are added to the 2020 law.

Senate Minority Leader Mitch McConnell (R-Ky) championed the original legislation, which was part of a 2020 government spending bill signed into law by then-President Donald Trump, and pushed for the amendment to be included in the 2022 omnibus bill. A number of other extenders, technical corrections, or proposals unrelated to government spending are in the bill. They include language as diverse as protecting lobster fishing in the North Atlantic, banning the Chinese-owned TikTok app from government devices, and clarification of the vice president's role in counting electoral votes.

The bill's funding of the Department of Agriculture stipulates that the government will not fund inspection of horse meat facilities, essentially continuing the ban on horse slaughter in the U.S.

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