Motions to Dismiss Now Active in Both HISA Constitutionality Lawsuits

Defendants in one of two currently active federal lawsuits aiming to get the Horseracing Integrity and Safety Act (HISA) and its regulatory Authority voided for alleged constitutional violations fired back Aug. 16 with a two-pronged motion to dismiss the case.

This is the suit brought Apr. 26 by state governments and private entities. Oklahoma and its racing commission are joined as plaintiffs by West Virginia and its racing commission, plus the state of Louisiana. Three Oklahoma tracks–Remington Park, Will Rogers Downs and Fair Meadows are also among the plaintiffs.

The defendants are the United States of America, the HISA Authority, and six individuals acting in their official capacities for either HISA or the Federal Trade Commission (FTC).

This lawsuit is separate from the similar complaint over constitutional issues initiated by the National Horsemen's Benevolent and Protective Association against FTC members that is also currently facing a “motion to dismiss” by the defendants.

According to two documents filed Monday in United States District Court (Eastern Division of Kentucky), the defendants told the court that the plaintiffs' suit “falters out of the starting gate, as no Plaintiff has alleged an injury that satisfies Article III standing or has pressed a claim that is ripe for review.”

The motion to dismiss argues that “The FTC has not considered or subjected to notice-and-comment a single proposed rule under the Act, and any rule that the FTC may ultimately promulgate would not take effect until July 2022. Plaintiffs' allegations of harm are thus conjectural at best.

“Moreover, the non-Thoroughbred associations …will never be subject to the FTC-approved rules unless they or other third parties independently make that election. And the States' asserted harm from federal preemption is not fairly traceable to–rather, is inconsistent with–the commandeering claim they actually press.”

The filing continues: “Beyond those threshold stumbling blocks, Plaintiffs fail to state a claim on the merits. Their lead theory is that the Act unconstitutionally delegates legislative power to the Authority. But longstanding Supreme Court precedent makes clear that private entities may lawfully assist the development and implementation of federal regulation so long as the agency retains final review.”

The post Motions to Dismiss Now Active in Both HISA Constitutionality Lawsuits appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Arlington Horsemen Beg for Help. IRB Instead Tweaks 15-cent Admissions Tax

For the fourth consecutive meeting of the Illinois Racing Board in the six months since Churchill Downs, Inc. (CDI), announced its industry-devastating intention to sell Arlington International Racecourse for “non-horse racing” purposes, the 10-member board on Tuesday remained stunningly silent on the prospect of suburban Chicago's premier Thoroughbred venue going dark forever after Sept. 25.

How pronounced was the “elephant in the room” syndrome during the IRB's one-hour Aug. 17 teleconference?

After listening to impassioned pleas from the Illinois Thoroughbred Horsemen's Association (ITHA) and members of Arlington's backstretch community for the IRB to undertake some form of action that might stave off closure or at least ensure a fair bidding process that could help a different operator gain control of the iconic track, commission members said absolutely nothing in response.

After the IRB heard the desperate pleas of the horse people, the board quickly and mutely moved on to a non-critical voting exercise that was the figurative equivalent of rearranging deck chairs while the Titanic swiftly sank.

Among the far-flung items that the IRB devoted time to advancing unanimously by voice vote on Tuesday were a series of rulemaking initiatives pertaining to a 15-cent tax on racetrack admissions, the outdated practice of tracks issuing admission tickets to patrons, and giving permission for tracks to allow patrons in tax-free after the sixth race instead of the seventh.

Left abjectly unaddressed was the fact that as of next season, it appears more and more of a reality that the IRB won't have to worry about collecting that 15-cent admissions tax at Arlington, because the iconic Thoroughbred venue could be bulldozed for development by then.

“We find ourselves in the most difficult place of losing Arlington altogether,” ITHA president Michael Campbell said during the public commentary portion that started the meeting. “And even though there's another consortium out there that wants to buy Arlington Park for the purpose of racing, it's my belief, because of intel that I'm receiving, that the highest bid won't [save the track from redevelopment].

“Now that's inconceivable to me, because in any business situation I've been involved in, it's the highest bid that counts. But not in this one. Because the worst-kept secret in Illinois–and we all know it–is that Churchill Downs and [that corporation's business entity at] Rivers Casino is attempting to eliminate horse racing at Arlington Park because they're afraid that it will turn into a [competing] gaming location,” Campbell continued.

Campbell labeled CDI's stated attempt to make sure that Arlington gets sold to a non-racing entity as “obstructionist,” and he said such behavior by the gaming corporation is “unconscionable from my standpoint.”

Although CDI has stated it has received multiple bids on the 326-acre Arlington property, only four have been publicly disclosed by the bidding parties.

Just one, submitted by the track's former president, Roy Arnold, in partnership with developers and investors, calls for the track to remain in place, while a mid-size arena for a minor-league hockey team is constructed as part of a 60-acre entertainment district alongside a 300-unit housing development and 60 acres of industrial space. Racing would continue under that new ownership.

A public announcement on CDI's selection of the winning bid is expected to come by early fall, and the local regulatory approval process could start before the end of the year.

“I would implore this commission: Use your authority. Look into this. Create transparency in this bidding process. There's no reason that bad actors should be rewarded in this state,” Campbell said. “Please help us out here. We have to save Arlington Park.”

After the rulemaking voting took place, to close out the meeting, each of the commissioners were called upon to make comments on any topic that they felt was important for the board to address.

Most commissioners opted to remain silent. Several took the opportunity to welcome a new commissioner or to say they'd like to read a series of scholarship essays written by children from the backstretch community that had been referenced earlier. Only one of the 10, Alan Henry, brought up Arlington at all.

As he has for four consecutive meetings now, Henry read into the record prepared statements underscoring the dire nature of Arlington's pending closure.

But Henry offered no plan of action in which the IRB would step up and take an active role in trying to help the state's Thoroughbred racing survive. Hawthorne Race Course is the only Chicago-area track to have applied for 2022 dates, and its annual calendar will have to be split between Thoroughbred and Standardbred dates next season.

“From what I can gather, as of [Aug. 16], at least one group that wants to keep [Arlington] alive remains actively in the running, most realistically in 2023, and is seeking ways to make a deal work,' Henry said. “The industry is facing a totally avoidable tragedy and drifting an dangerous waters.”

The post Arlington Horsemen Beg for Help. IRB Instead Tweaks 15-cent Admissions Tax appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Grader School Set for Sept. 13-15 at Keeneland

The Racecourse Manager Certification Program, a continuing education initiative launched in June with an online curriculum focused on educating the next generation of racing surface managers, is now accepting applications for its first in-person course to be held Sept. 13-15 at Keeneland Race Course. Grader School, focusing on combined theory and practice sessions on the grading of racing surfaces, will offer a select number of early career professionals the opportunity to develop highly focused, hands-on expertise that will allow them to adapt and excel to the changing demands of horse racing surfaces.

Grader School will consist of online lectures and examinations in preparation for a two-day intensive workshop at Keeneland. Taught by superintendents of two of the leading racecourses in the United States, Alfredo Laureano and Dennis Moore, the class will include the operation of both a state-of-the-art and an older model grader.

“The most common surfaces used for Thoroughbred racing are dirt and synthetic surfaces. One of the highest priorities and the most difficult part of maintaining a racecourse is the accurate grading of dirt and synthetic racing surfaces,” said Michael “Mick” Peterson, Ph.D., Director of the Racetrack Safety Program at the University of Kentucky and Executive Director of the Racing Surfaces and Testing Laboratory (RSTL).

The post Grader School Set for Sept. 13-15 at Keeneland appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

F-T California Fall Yearlings & Horses of All Ages Catalogue Available

Fasig-Tipton has catalogued 267 entries for its California Fall Yearlings and Horses of All Ages Sale, to be held on Tuesday, Sept. 28, at Fairplex in Pomona, California. The sale will begin at 12 p.m. PDT.

Hips 1-248 are all yearlings–primarily bred in California–by leading sires both nationally and regionally. Hips 249-267 consist of broodmares, racing and or broodmare prospects, and weanlings.

“We are very pleased with how this catalogue has come together, especially from a pedigree point of view,” said Fasig-Tipton California Representative Mike Machowsky. “Sire power represented among the yearlings is very strong – an exciting mix of leading sires both locally and nationally, and strong representation from promising first and second crop yearling sires.”

Machowsky continued: “We are also excited to add a horses of all ages segment to this sale for the first time, providing another valuable outlet for local racing and breeding operations to offer quality stock.”

The post F-T California Fall Yearlings & Horses of All Ages Catalogue Available appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights