Louisiana Joins Lawsuit Seeking To Derail Horseracing Integrity And Safety Authority

The state of Louisiana has joined a federal lawsuit challenging the constitutionality of the Horseracing Integrity and Safety Act of 2021 that would create a national regulatory oversight board for medication and safety issues in Thoroughbred racing.

The legislation passed both Houses of Congress as part of an omnibus spending bill late last year and was signed into law by then-President Donald Trump. It creates an independent, non-governmental agency, the Horseracing Integrity and Safety Authority, which is expected to contract with the U.S. Anti-Doping Agency. The Federal Trade Commission is charged with reviewing the Authority's policies.

Louisiana joins two other states, Oklahoma and West Virginia, in challenging the constitutionality of the Horseracing Integrity and Safety Act and seeks an injunction to prevent the Authority from assuming its responsibilities by July 2022, as required by the law. That suit, which also includes the United States Trotting Association as a plaintiff, was filed in April.

Louisiana Attorney General Jeff Landry issued the following statement concerning the decision to join the suit:

“HISA requires the unelected Authority to exercise regulatory authority over horseracing in Louisiana, mandates our State to assist the Authority, and forces us to choose between remitting funds to the Authority or losing some of our powers of taxation. This violation of the Tenth Amendment would have devastating effects to our State and the thousands of Louisianans in the horse industry,” said Landry.

“While I believe that horses should be treated humanely and horseracing should be held to the highest degree of integrity, I know that more bureaucracy from an overreaching and unaccountable fiefdom is not the way to achieve these goals,” Landry continued. “We should continue our Legislature's decades-long delegation of police powers over the industry to the Louisiana State Racing Commission, knowledgeable participants who have collected significant fees and taxes while enforcing our statutes and regulations concerning the health and safety of equine athletes and all other industry participants throughout Louisiana.”

The Louisiana Horsemen's Benevolent and Protective Association, which already joined an earlier suit filed by the National HBPA and several affiliates, issued a statement by its president, Benard Chatters.

“The actions of Attorney General Jeff Landry in opposing the HISA law demonstrates his genuine concern for the well-being of the Louisiana horse racing and breeding industry and its participants throughout the State as well as our equine athletes,” Chatters said.

“The Louisiana Horsemen appreciate and respect the unwavering support of Attorney General Jeff Landry, which he has consistently shown to the Louisiana horse racing and breeding industry throughout our State,” said Ed Fenasci, executive director of the Louisiana HBPA.

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Lone Star Meet Concludes With Solid Handle, Attendance Numbers

Lone Star Park concluded its 25th Thoroughbred Racing season on Sunday, July 11 handling a daily average of $1,693,866 in merged handle (Live on-track plus Export) and a daily average of $1,459,096 specifically in export, over the 48-day meet, which was their most since 2006 in both categories, not including last year's unique pandemic season.

Average daily grandstand attendance on weekends and holidays for the meet was just over 4,000 per day, which, when compared to similar days, was only a four percent decline from 2019.

“The attendance figures were a very positive takeaway for the meet” said Brandon Leigh, Lone Star Park's Director of Marketing & Player Development. “There is lots of momentum to build upon for next year, considering that a majority of our indoor reserved seating areas were limited to just 50 percent capacity this year.”

The on-track fans wagered a daily average of $234,770 in Live Handle, the most since 2018.

Boosted in part by the passage of House Bill 2436 last year, the total amount of purses paid out to horsemen during the 48-day season was $13,692,325, the highest level since 2005.

The highlight of the meet was undoubtedly Lone Star Million Day on Memorial Day, returning after a ten-year hiatus. The on-track fans wagered $904,299 in Live Handle, the most since Memorial Day in 2008. The Export Handle was $5,494,680, setting the all-time record for a single day at Lone Star Park, not including the 2004 Breeders' Cup.

Hall of Fame trainer Steve Asmussen earned his 14th training title at Lone Star Park. He visited the winners circle 71 times from 344 starts. His earnings total for the season were $1,999,134. As of this writing, Asmussen is 19 wins away from becoming the all-time leading trainer in North America in history.

Jockey Stewart Elliott won his first Lone Star Park riding title. The top rider won 71 races from 317 starts and earned $1,807,735 in purse money.

Karl Broberg's End Zone Athletics' Inc. was tops in the owner category with a total of 40 wins from 184 starts. The stable earnings total was $797,651.

Lone Star Park's 2021 Fall Meeting of Champions begins Friday, September 17 and runs through Saturday, December 18.

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Maryland Commission Unanimously Decides To Dismiss Amicar Penalties

The Maryland Racing Commission voted unanimously on Thursday to dismiss penalties for five horses found to have the adjunct anti-bleeding medication Amicar in their post-race drug tests, reports The Racing Biz. The MRC made the decision based on advice from the medication committee.

Instead of the typical “Category C” penalty of disqualification and $1,000 fine, the trainers of those five horses were issued a warning. The Commission indicated that regular penalties for Amicar will resume on Aug. 1.

A total of 12 positives for Amicar (seven in harness horses) were returned in the spring after the Maryland Racing Commission changed its testing laboratory from Truesdail Laboratories in Irvine, Calif. to Industrial Laboratories in Wheat Ridge, Colo.

Those positives caused the Maryland Thoroughbred Horsemen's Association to issue a warning to trainers in late June, stating that utilizing Amicar or similar adjunct medications, for which there are no recommended withdrawal times, “runs the risk of a post-race positive test.”

Though the Thoroughbred trainers were not punished for the positives, the harness cases had already adjudicated with Category C penalties.  MRC chairman Emmitt Davitt said the commission would research how to rescind those penalties issued to harness horsemen.

Around the same time, Thoroughbred trainer Claudio Gonzalez was notified that two of his runners had tested positive for the corticosteroid dexamethasone, and told the Paulick Report he believed the positives were due to the change in labs. Several other trainers were also notified of similar positives, and the MTHA issued another warning to horsemen in early July about dexamethasone usage. The commission will likely consider those positives at its next monthly meeting.

Read more at The Racing Biz.

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Harmful H-2B Visa Program Language Eliminated From Labor Appropriations Bill

United States Representative Andy Harris (R-MD) on July 15 offered an amendment to the fiscal year 2022 Department of Labor Appropriations bill to remove certain sections from the bill that would have made it difficult for employers to use the H-2B visa program. During committee consideration, the amendment passed yesterday by voice vote.

Specifically, the amendment struck sections 116, 177 and 118 from the bill. The language in those sections would have:

  • Prohibited industries from using the H-2B program if they experienced unemployment in any of the previous 12 months over 10 percent;
  • Prohibited construction industries from using the program even in seasonal locations or occupations;
  • Increased the baseline for wages to at least 150% of the federal or state minimum wage, whichever is higher;
  • Required wage compliance with a collaborative bargaining agreement for your industry in your area, even if you are not a party to the agreement;
  • Banned participation in the program for labor/workforce related infractions outside of the scope of the H-2B program.

“Thank you to all who contacted their Representative regarding this issue,” said NTRA president and CEO Alex Waldrop. “We also are grateful to Rep. Harris for offering the amendment to eliminate the language that was so threatening to employers, like horse trainers, who use the H-2B visa program.”

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

About the NTRA
The NTRA, based in Lexington, Ky., is a broad-based coalition of more than 100 horse racing interests and thousands of individual stakeholders consisting of horseplayers, racetrack operators, owners, breeders, trainers and affiliated horse racing associations, charged with increasing the popularity, welfare and integrity of Thoroughbred racing through consensus-based leadership, legislative advocacy, safety and integrity initiatives, fan engagement and corporate partner development. The NTRA owns and manages the NTRA Safety and Integrity Alliance; NTRA.com; the Eclipse Awards; the National Horseplayers Championship; NTRA Advantage, a corporate partner sales and sponsorship program; and Horse PAC®, a federal political action committee. NTRA press releases appear on NTRA.com, Twitter (@ntra) and Facebook (facebook.com/1NTRA).

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