The 2024 Conference is being held immediately prior to the annual meeting of the United States Trotting Association (USTA) and offers a unique opportunity to interact with the leaders of US Standardbred Racing on the final day where existing approaches to policymaking, anti-doping, and equine health will be reexamined.

Regulatory Members of the ARCI will update Model Rules and Drug Classification documents and elect at-large members of the association's board of directors at the annual business meeting.

Click here for more information on registration and here for the event itinerary.

The post 2024 ARCI Annual Meeting and Conference Registration Open appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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~Thomas Paine (1791)

We did not anticipate reaching out to you, but we couldn't help reacting to the broadside that your president, James L. Gagliano, directed at the National Horsemen's Benevolent and Protective Association (NHPBA) on May 12 for having the temerity to challenge The Jockey Club's wounded sacred cow, the Horseracing Integrity & Safety Act (HISA). You didn't mention the U.S. Trotting Association (USTA) by name, but there's a clear implication that the USTA is one of those “unrelated, agenda-driven, special interest activist” plaintiffs that you flippantly accuse as trying to “hoodwink” the racing public. How ironic.

Let's set the record straight. First of all, the National HBPA is a plaintiff in only one of the five lawsuits challenging HISA, and the Fifth Circuit Court of Appeals unanimously agreed with their position and ruled HISA unconstitutional. The USTA is party to another lawsuit. Yes, there are lots more of us who stand up for our constitutional rights, including several state Attorneys General who were duly elected by the people of their states to protect their interests. There are 10 states in the case that see the same constitutional issues with HISA that we do.

You claim that HISA wasn't passed “in the middle of the night.” It was. Inserted at the 11th hour as a miniscule part of a 5,593-page omnibus spending bill that included COVID relief funds as its selling point, the bill was signed into law at 11:40 p.m. on the evening of Saturday, Dec. 19, 2020, just 20 minutes before the deadline for shutting down the federal government. This was made possible by a uniquely powerful senator from Louisville. The colossal document, described three days later in The Hill as “a pork-filled cluster filled with anything and everything that has nothing to do with the coronavirus pandemic or relief,” also included money to support gender programs in Pakistan, study a race riot that occurred in Springfield, Ill., in 1908, and develop a statement of policy regarding the succession or reincarnation of the Dalai Lama. We kid you not.

What HISA didn't get, at any stop along its five-year journey, was one minute of floor debate in the House or the Senate. That's right, this industry-changing bill was not debated by either the full House or Senate. Its passage was a result of the type of power play politics and backroom dealings that have, sadly, become the hallmark of The Jockey Club.

We say this because we did, indeed, meet with you on two occasions when you wanted our support. In September 2016, two Jockey Club representatives came to Columbus to “invite” the USTA to be part of what would eventually become HISA. We met again with a Jockey Club executive two months later in Louisville and indicated that we found the described legislation as being a bad fit for harness racing. Count us out, we said, and that was that. Or so we thought. In the spring of 2017, you gave us a courtesy call to say that, “Hey, we're introducing that bill in Washington, D.C. tomorrow, and, unlike our failed 2015 version that was limited to Thoroughbred racing, this one's open to all breeds, and there's a pretty good chance that you're getting pulled in. Welcome aboard!”

As with the harness racing industry, there are significant problems in Thoroughbred racing, but that's your business, not ours. It does puzzle us, however, as to why you dismiss out of hand the opinion of a Thoroughbred organization like the NHBPA, which has almost 30,000 members (and a democratically-elected board) who are the backbone of the industry, in favor of what your elite, private, invitation-only, 130-member club wants. Money talks, apparently, and quite loudly.

For five years, we asked how much HISA would cost. You never provided an answer, and you never asked for any public funding. Now we have a clearer picture – $66 million in assessments for Thoroughbred racing alone that have been pushed down to the states and horsemen. That's how much the Horseracing Integrity & Safety Authority, the privately-held monopoly that was formed as a result of HISA's passage, says it needs to operate in 2023.

Unlike state racing commissions, which are statutorily mandated to conduct their business out in the open, the Authority has no such obligation. Want to know how much the Authority's executives make? So do we, but they're not talking. What was discussed at the last board meeting? Your guess is as good as ours, because no minutes are made available. Want to review an itemized budget? They don't have to show you that. Think you can use the Freedom of Information Act to compel discovery of this information? Sorry, but it doesn't apply to private entities.

One last point about money. We took special notice of Mr. Gagliano's cavalier remark about how the various lawsuits “are driving up the industry's expense.” That's a coded threat to horsemen that if you keep trying to voice your opinion in the Courts, we're going to make you pay. Literally. Because, as with other unidentified assessments to the industry, “the industry” means the rank and file, the people in the trenches. “The industry” means the horsemen.

HISA is, for now, the law of the land, but was going nowhere on Capitol Hill until Thoroughbreds tragically started breaking down and dying at Santa Anita in 2019. We heard over and over how this legislation was needed to make horse racing – excuse us, Thoroughbred horse racing – safer. But it hasn't, and it's quite unlikely that the full implementation of the medication control program, portions of which are already in place at the major racetracks, will have any appreciable effect. For five years (and still today), we asked how HISA would be an improvement. We're still waiting for an answer, and the evidence suggests quite the opposite. As the Authority admitted, Churchill Downs was in “full compliance” with HISA rules and processes during Kentucky Derby week. The recent spate of equine fatalities there is not, as Mr. Gagliano says, “unfortunate.” The casualties are appalling and they keep happening at alarming rates.

HISA failed to prevent seven deaths at Churchill Downs during Derby Week. Another horse broke down and was euthanized on Sunday. That's a fact that none of Mr. Gagliano's bluster can change. HISA is not the solution. It never was, and it never will be. That's why we're working to introduce a federal bill that will better serve racing's needs.

The bottom line? HISA is a terrible fit for harness racing, and one that has been foisted upon the sport by one of those “agenda-driven, special interest, activist” groups about which you, The Jockey Club, have so graciously deigned to warn us.

Namely, yourselves.

To read the May 12 statement from James L. Gagliano, president and chief operating officer, in Support of HISA, click here.

Dan Leary
Director of Marketing and Communications

The post An open letter to The Jockey Club from the U.S. Trotting Association appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The president of the United States Trotting Association (USTA), Russell Williams, disclosed the news about the pending legislation Mar. 21 during a special meeting of the Pennsylvania Horse Racing Commission (PHRC).

Williams addressed the PHRC Tuesday just prior to the board voting in favor of entering into three nine-month agreements with the HISA Authority that pertain to the Racetrack Safety Program, the Horseracing Integrity and Welfare Unit (HIWU), and the Laboratory Services Agreement.

Williams was urging the board to consider future implications prior to taking its vote, and one of the issues he brought up was the looming potential for a replacement regulatory structure.

“It's not just a possibility out there. It should be happening in the near future,” Williams said.

“There is legislation about to be introduced in Congress [and] the primary sponsor of this legislation has been talking with us,” Williams said. He did not disclose who that senator or congressman is.

“We provided him with a draft,” Williams continued. “The draft came from the [North American Association of] Racetrack Veterinarians, the HBPA, and the USTA. And it's already been through legislative services, [which has] put it in Congressional format, and as soon as the primary sponsor has his team put together, the bill will be introduced.

“This bill is a state-administered program,” Williams said. “So states would form an interstate compact. They would use state authorities, state experience and state funding, and save millions of dollars over the HISA structure.

“The legislation is health- and safety-focused,” Williams said. “It provides all of the same benefits to the racing industry that HISA does. It is science-based, and this is one of the problems we've had historically with the approach of HISA; it's in the HISA statute, the arbitrary nature of the regulatory approaches in words and statute, the Lasix ban.”

Williams said that the new legislation would be underpinned by “state administration, a science basis for making policy decisions, and a funding model that can be afforded by the racing industry.”

TDN could not independently confirm the involvement of the National Horsemen's Benevolent and Protective Association (NHBPA) with the pending legislation. A phone message left for the NHBPA's chief executive officer, Eric Hamelback, did not yield a return call prior to deadline for this story.

The post Federal Bill To Replace HISA Reportedly In Pipeline appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Hall's relationship with Fishman evolved and became complicated. It led to Hall, 42, testifying earlier this year in court against Fishman in his trial for selling performance-enhancing drugs to, among others, disgraced Thoroughbred trainer Jorge Navarro. It was during that trial that Hall admitted Fishman also supplied her with illegal drugs that she used to improve the performance of her horses.

Unlike Fishman, who was found guilty by a jury, Hall will not be going to prison. But her career in harness racing may be over, she faces a likely suspension from the New Jersey Racing Commission and she says she is not holding up well in the aftermath of her testimony. She says she is “in bad shape” and on medications to get through the day.

While she understands that she brought this upon herself, Hall maintains that she has been unfairly portrayed in press reports covering the Fishman trial and that she testified against him not to avoid prosecution but because she wanted to help clean up the sports of Thoroughbred and Standardbred racing. With that in mind and in hopes that she could at least somewhat change the narrative, Hall agreed to what became a lengthy interview with the TDN last week.

Below are the subjects that were covered. They include Hall's take on her own situation, what she says she did and did not do wrong and her insights into Seth Fishman and his operation and the culture of doping she believes permeated the Standardbred game.

“It appeared to me that it was chemical warfare out there,” she said. “How was I supposed to compete against horses that don't get tired?”

(*) Hall said originally she had no idea that Fishman sold illegal drugs. She was looking for veterinary help after moving from Ohio to Florida and said that Fishman came highly recommended.

“I had horses who were tying up,” she said. “I had questions about how to raise red blood cell counts because my horses were borderline anemic. I really wanted help and I trusted him. I had heard really good things about him and how smart he was and that's why I wanted to utilize him. I did not specifically reach out to Dr. Fishman for performance-enhancing drugs.”

(*) Fishman, Hall said, seemed particularly eager to work with her. She believes she now knows why. She had worked in an office job for Todd Pletcher and says she also had some connections with top harness trainer Tony Alagna. Fishman asked her to approach both trainers to see if they were interested in buying his drugs. She says she never contacted either one.

“It was my understanding that Navarro was not paying his bills and he was getting really fed up with him,” she said. “He wanted a big stable to come in and take his place. That's the only reason why I can think of he would give me any attention.”

In June of 2019, Hall said she spoke to Fishman for the last time.

“He said, 'I really regret trying to help you because you did nothing but waste my time,'” she said.

(*) During her testimony, Hall admitted using PEDs on a horse and excitedly told Fishman after she won a race that the drug appeared to have made a major difference. While admitting she used the drug, Hall said she resisted temptation to use concoctions that are even more powerful.

“I told him that I didn't want to use Epogen and I didn't want to use baking soda,” she said. “I didn't want to use anything that would tear up my horses. I just wanted something that would give my horses an edge.”

She said she was motivated to use an illegal substance because she was frustrated that she had been beaten so often by trainers she suspected of using drugs, calling harness racing a game of “chemical warfare.”

“It was a stupid thing to do,” she said of using PEDs. “I was not having a lot of luck. I didn't know what I was doing wrong. How do I compete? How do I get better? But, I knew it was wrong and I was breaking the rules.”

(*) News reports during Fishman's trial suggested that the only reason Hall testified against Fishman was that she was granted immunity. She says that is not the case.

“Misinformation came out, that I was there under some deferred prosecution agreement, or I was subpoenaed or in fear of being arrested or indicted. That was never the case,” Hall said. “I wanted to help them. They said they were going to clean up the sport and that this would be good for the horses. They told me that I was doing a really good thing. Yeah, I messed up and I made a mistake, but I didn't realize [Fishman] was as bad as he is. The more I heard about horses dying and XY Jet dying, I started to understand, I started to realize how bad he was.

“Everyone says you shouldn't have talked to them from the beginning, you should have kept your mouth shut. I look at it differently. Someone has to do something. The harness industry is in really bad shape. I wanted to be a part of making things change.”

(*) After the trial, Hall was permitted to racehorses at the Meadowlands by track owner Jeff Gural, who said that banning her would discourage future whistleblowers from coming forward. Gural, however, won't have the last say. Hall said she has met with the New Jersey racing Commission, which told her she is under investigation. She expects she will be sanctioned by the commission and if her license is suspended, she would not be able to race at any track. A lifetime ban is not out of the question.

The potential racing commission ban is one of many problems she has faced since testifying. Her license issued by the United States Trotting Association (USTA) has been revoked and she said she has been the target of several nasty postings on social media calling her, among other things, a “rat.” She says she was not prepared for what was to come and the stress she has been under. She says she would not recommend to anyone in a similar situation that they come forward.

“I don't think I would recommend anyone come forward after what the USTA and the public did to me,” Hall said. “The USTA stripped me of my membership and they didn't want to hear my side. I would definitely think twice about helping if I ever had a chance to do this again.”

(*) Hall got close enough to Fishman that he would tell her some of the details of his operation and the sale of illegal drugs. While Fishman was selling things like vitamins that are legal, he told Hall that many of his clients were buying PEDs.

“He confided in me about some really high-profile people in harness racing who were, let's put in this way, not buying vitamins. He told me what their drug of choice was and it was not a supplement, if you know what I mean.”

Hall declined to disclose the name of the drug or any trainers she believed were buying it from Fishman.

(*) Despite her problems with Fishman, she has never stopped respecting his intellect.

“I think he is absolutely brilliant, but he used his brilliance for bad reasons,” she said. “I don't know why. Maybe he got greedy or he thought he could outsmart people or he was that egotistical and thought that he would never get caught. He used his brilliance to do the wrong things.”

The post Caught Up In Fishman Scandal, Hall Tells Her Story appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The biggest story in horse racing last week was the federal conviction of Dr. Seth Fishman after a horse-doping trial that ought to strike fear in the hearts of the racing communities across the world. Seemingly caught red-handed, with his lawyer lamely trying to portray him as a paragon of virtue, Fishman almost certainly is going to prison. It's even more certain that his customer database, in the hands of federal lawyers or investigators and now made public, threatens to turn a really bad scandal about the prevalence of doping into an existential crisis for both Thoroughbred and Standardbred racing.

The second biggest story of the week, at least as far as harness racing goes, was the industry's lack of alarm about Ross Cohen's testimony in Fishman's trial. Cohen was a harness trainer of little note until he pleaded guilty and then helped the feds incriminate Fishman. As part of his plea deal, Cohen told prosecutors and the jury that he fixed harness races at Yonkers Raceway, in New York, one of the most historic and important tracks in the country. Cohen made the allegations under oath and penalty of perjury and it's hard to imagine that federal prosecutors don't have a reasonable belief that he is telling the truth.

The third biggest story of the week, in harness racing, was the decision by Jeff Gural, owner and operator of the New Meadowlands Racetrack (and, full disclosure, a partner of mine in several horses) to allow trainer Adrienne Hall to race horses at the track despite her damning testimony against Fishman. Hall says she bought the illegal drugs Fishman was peddling and used them on a horse, who did so well doped up Hall felt compelled to thank Fishman for the juice. “He dominated. He was a completely different animal. I was so happy,” Hall reportedly told Fishman. Like Cohen, Hall copped a plea. Unlike Cohen, Hall is getting another chance.

And, finally, came publication of the Thoroughbred Daily News' interview with Scott Robinson, now serving time in a federal penitentiary in Florida for selling and distributing misbranded and adulterated drugs. “I sold to everybody,” Robinson now says. “More people should be indicted. Definitely.” But he adds that the feds (and presumably state racing commissions) have not pressed him to divulge the names on his customer list and he isn't inclined to do so. He told Bill Finley at TDN without an apparent shred of irony: “I know my career is over, but there are people out there who still work in racing and their livelihoods are at stake.”

These are stories about cheating and doping and bad medicine that are vitally important today and likely to be important for years to come. They raise questions and concerns of racing integrity at a time when the future of the Horseracing Integrity and Safety Act hangs in the balance. A federal judge is likely to rule soon on a request for an injunction against the federal legislation, a challenge brought by a few rogue horsemen's associations, including the United States Trotting Association, the increasingly-divisive trade group that wants to scuttle HISA even though harness racing is not covered by the limbo-ed new law.

There are, thankfully, still enough independent media voices within the world of Thoroughbred racing (including The Paulick Report, of course) to cover these stories and to shed light on the problems the industry faces. The same cannot be said of coverage of harness racing. There are only a few outlets that offer anything resembling independent news coverage and virtually none of that coverage is investigative. Some of this is a matter of practicality. There simply aren't enough legitimate journalists who are both interested in and capable of covering the sport. And some of it is a matter of policy. Few want to pay someone to ask tough questions.

So we get what we've gotten over the past few weeks. Belated pool coverage of Fishman's doping trial (coverage which, I should say, was good) and virtually no public mention of Ross Cohen's role in the case. “I paid drivers for somebody to hold their horses back in races,” Cohen reportedly testified. Which drivers? He was not asked and did not say. The New York track is owned by MGM Resorts and presided over, at least from the horseman's perspective, by Joe Faraldo, who is both the president of the Standardbred Owners Association of New York and chairman of the United States Trotting Association.

Faraldo, you might recall, was linked as an owner at some point with one of the trainers later indicted by the feds. Was Faraldo on a witness list for the Fishman trial? Is he on a witness list for related trials? Has he been approached by federal investigators or defense attorneys to share what he knows about the operation of Yonkers as it relates to the conduct of Fishman and Cohen? We don't know. Is Yonkers or the New York racing commission or Faraldo's horseman's organization investigating the recent allegations? We don't know. Has the USTA ever looked into whether Faraldo's dual roles create conflicts of interest? We don't know.

Brad Maione, a spokesman for the New York State Gaming Commission, was particularly unhelpful. He told me recently: “We cannot confirm or deny whether an investigation is being conducted.” When I asked whether any New York racing licenses had been suspended or revoked as a result of the federal case he responded: “We cannot confirm or deny whether an investigation is being conducted.” When I asked if state regulators were cooperating or had cooperated with the feds during the course of the investigation, he responded: “The commission regularly collaborates with state, federal and local enforcement.”

We certainly can't go to the USTA's website for answers. The USTA is quite capable of promoting stories it wants to share with its readership. Its propaganda campaign against the HISA shows there is plenty of room on that main page for stories about racing integrity. But the Fishman trial? The USTA put up the pool piece after Fishman was convicted. Cohen's allegations against Yonkers drivers? I still have not seen a word of it on the USTA's site. Maybe that's because Faraldo, speaking on behalf of the USTA, keeps embarrassing himself in national publications when given the opportunity to denounce the Fishmans of the world.

The USTA's laughable pro-integrity campaign is based around the bumper-sticker line: “If you see something, say something.” Well, Ross Cohen saw something. And Ross Cohen said something. He said he was part of something illegal at Yonkers. He said it under oath. What's the USTA going to do about that, apart from ignoring that news on its website? Who is going to call for an independent investigation into racing at Yonkers Raceway? The USTA and Hanover Shoe Farms, the sport's largest breeding operation, established a $250,000 matching fund grant in 2020 to “support the work of restoring full integrity of that sport.” Is some of that money going to go into investigating Cohen's allegations? If not, why not?

I asked a USTA director some of these questions last week and the responses I got help explain the ways in which the organization is much closer to being part of the problem than being part of the solution. “In general the USTA does not do investigations,” I was told when I asked about the Cohen case. “We are not a news reporting organization in this manner,” I was told when I asked about reporting Cohen's allegations. Conflicts of interest? “If an issue would become too close to a Director he/she would likely remove themselves from the issue in question,” I was told, a fiduciary standard that I suspect doesn't cut it on Wall Street.

If I were an honest driver at Yonkers I would want my name cleared from the allegations Cohen leveled at the trial. If I were an honest trainer at Yonkers I would want to know more about what Cohen says he did and how he says he did it. As an owner of horses who race at Yonkers I want to know more about the race-fixing schemes. If I were a bettor, I wouldn't bet a dollar more there until I know the scheme that Cohen described ended when he was caught. None of this should be controversial. Either the USTA, New York regulators, and the SBOANY are as dedicated to protecting honest horsemen and horsewomen as they say or they are not. We all are better off knowing the answer to that question sooner rather than later.

Andrew Cohen is a Standardbred owner and breeder and a two-time winner of both the John Hervey Award and the O'Brien Award for commentary on horse racing.

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Hall testified that she administered PEDs to her horses after purchasing them from Fishman. Her membership in the U.S. Trotting Association was revoked shortly thereafter, but a USTA membership is not required for her to race horses in New Jersey.

“We disagree with the USTA decision, and we applaud Ms. Hall for coming forward,” Gural said. “To penalize those who testify for the prosecution will only serve to further the already existing notion that 'saying something will only lead to problems for yourself.'

“It will discourage the type of participation necessary to convict the indicted persons, as Ms. Hall's testimony has helped on this case.

“The lack of action by the USTA during this five-year effort on our part to get rid of the cheats along with their continued opposition to the [Horseracing Integrity and Safety Act] legislation, which, with some changes, is our only hope of keeping the chemists out, is dangerous to harness racing.

“We have received no support from USTA or any of their members in trying to eradicate the drugs and those who use them from racing. The absence of coverage on ustrotting.com of the Fishman trial proceedings is inexcusable.

“We now have access to Seth Fishman's customer database files, which contain the names of hundreds of his clients, including several prominent trainers who hopefully can produce records showing what they purchased and why.”

Read more at NJ Online Gambling.

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The amicus brief contends that HISA amounts to a private club having governmental powers, and thus is unconstitutional.

The six filing states are: Ohio, Alaska, Arkansas, Idaho, Mississippi, and Nebraska.

They join Oklahoma, West Virginia, and Louisiana, along with the United States Trotting Association, several state racing commissions, the Oklahoma Quarter Horse Racing Association, several Native American-owned race tracks, and Hanover Shoe Farms, Inc.

Read more at harnesslink.com.

The post Six New States File Amicus Brief In HISA Unconstitutionality Lawsuit appeared first on Horse Racing News | Paulick Report.

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In their May 13 meeting, the USTA's Executive Committee voted to make the contribution and establish a new, opt-in option for USTA members to donate to the STA, which will be included on all new and renewal membership applications.

“The $40,000 and the opportunity for our members to make voluntary donations through their membership applications reaffirms the USTA's commitment to the Standardbred Transition Alliance,” said USTA Executive Vice President and CEO Mike Tanner, who initially proposed the establishment of the STA at the annual Board of Directors Meeting in March 2018.

“The STA accreditation process ensures that their approved horse rescue organizations are operated with a professional structure and are accountable for their treatment of the horses, which provides assurance to donors that their contributions will be used responsibly,” added Tanner.

“The more money that can be raised, the more of our retired racehorses can receive the type of aftercare they deserve when they are retired. But besides the donation, there are many other ways that the USTA can promote and support the STA; and we're committed to doing that.”

The STA operates under the guidance of its Board of Directors and is completely independent of the USTA, who previously donated $75,000 in initial funding for the creation of the organization. David Reid serves as president and Jennifer Daniels is the STA administrator.

“The STA deeply appreciates the support of the USTA's directors, staff and membership, particularly in developing this opportunity for members to easily and securely transmit their aftercare contributions as they're submitting other USTA transactions,” said Daniels.

According to its website, “The mission of the Standardbred Transition Alliance (STA) is to inspect, accredit and award grants to approved organizations that acquire, rehabilitate, train and re-home Standardbred horses, using industry-wide funding. The STA is approved as a 501(c)(3) Internal Revenue approved charity and is also registered with the Ohio Secretary of State and Attorney General. IRS application for 501(c)(3) designation was filed in October of 2018 and approved in April of 2019.

“The existing groups are at or beyond capacity. There is a wide disparity in numbers of horses served, services provided, staffing, budgets and other resources. Horse adoption programs generally operate with no oversight and no way for donors to ensure their money is being used wisely. We need additional groups to help Standardbreds across the country.

“It is expected that the accreditation process will elevate the level of both business and equine care practices and identify groups whose work is sustainable and exemplary.”

Donations can be made by sending a check to the STA office at: Standardbred Transition Alliance, P.O. Box 377, Laurelville, OH 43135 or by clicking here.

Read more here.

The post USTA Donates $40,000 To Establish New Funding Mechanism For STA appeared first on Horse Racing News | Paulick Report.

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This suit, much like one filed in March by the National Horsemen's Benevolent and Protective Association and a number of its state affiliates, questions the ability of HISA to delegate regulation to a private group while not making it accountable to a government organization. The suit questions the new authority's relationship to the FTC, which critics say can only approve or deny new rules, but has no substantive input on their construction.

The Oklahoma suit also objects to the funding mechanism that has been laid out for the new authority.

“After creating this vast new federal regulatory structure and delegating it to a private corporation, Congress disclaimed any responsibility for funding the Authority itself,” reads an excerpt from the suit. “Instead, it forced the funding responsibility onto the states, imposing on them the choice of either funding the Authority with state funds or, if a state refuses, collecting fees directly from racing industry participants in that state while punishing the state by banning it from collecting similar taxes or fees itself.”

The suit seeks a declaration that HISA is unconstitutional and wants the court to stop its implementation. The suit also seeks “nominal damages.”

Read the complaint here.

The Jockey Club, which was a major player in pushing HISA forward, has previously said it believes the act is on solid ground in terms of its constitutionality.

The post Second Civil Suit From Oklahoma, West Virginia Racing Authorities Questions Constitutionality Of HISA appeared first on Horse Racing News | Paulick Report.

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In a statement made in September 2020, USTA President Russell Williams said, “The constitutional concerns raised by HISA are substantial and pervasive. Those concerns embrace the structure and powers of the regulatory body at the heart of the bill and extend even to the bill's more peripheral provisions.”

On Friday, Williams further elucidated his concerns to the USTA Board in prepared remarks in which he also assured the board that the Association will assume no portion of the cost of district court proceedings.

If allowed to stand, HISA would remove from the states the power to regulate racing medication and safety matters and give them to a private entity, the newly created Horseracing Integrity & Safety Authority (Authority).  HISA is scheduled to go into effect no later than July 1, 2022.  The Federal Trade Commission will oversee a rule-making process that eventually will establish and approve the medication control and racetrack safety programs to be enforced by the Authority.  The new law stipulates that HADA initially will be funded by loans taken out by the Authority, which will then be repaid by fees assessed to the state racing commissions.   No price tag has yet been attached, however, nor has it been determined which segments of the industry will pay for HISA.

The legal action that the USTA will be joining is expected to be filed shortly by the State of Oklahoma and Hanover Shoe Farms.   That follows a similar claim against HISA brought last month by the National Horsemen's Benevolent & Protective Association (NHBPA) and 11 of its affiliated state organizations.   That suit, filed in the Northern District Court of Texas, alleges the law creates a private organization and gives it federal authority, which it claims is unconstitutional.

An attendance and voting summary appear below.  A “yes' vote reflects support for joining the lawsuit, while a “no” designation indicates opposition to doing so.

Present:  C. Antonacci, I. Axelrod, S. Beegle, D. Bianconi, D. Bittle, J. Bluhm, M. Breuer-Bertera, B. Brown, J. Cross, G. Ducharme, Chairman J. Faraldo, M. Ford, J. Frasure, R. Gillock, K. Greenfield, J. Gregory, T. Haight, S. Hedington, J. Hensley, S. Hoovler, J. Ingrassia, M. Kimelman, S. Lilly, Vice Chairman M. Loewe, D. Marean, J. Matarazzo, S. McCoy, C. McErlean, R. Miecuna, Treasurer J. Miller, J. Mossbarger, S. Oldford, J. Pennacchio, J. Reynolds, A. Roberts, R. Roland, J. Roth, J. Settlemoir, D. Siegel, D. Spriggs, M. Sweeney, A. Tetrick, M. Torcello, S. Warren, President R. Williams, J. Zambito

Not Present:  B. Alexander, D. Ater, L. Calderone, C. Callahan, K. Crawford, B. Kenney, C. Leonard, R. Mackinnon, S. O'Toole, S. Peine, T. Powers, R. Schnittker, J. Stratton, G. Wand

Yes:  Axelrod, Bianconi, Beegle, Bittle, Breuer-Bertera, Brown, Cross, Ducharme, Faraldo, Frasure, Gillock, Gregory, Haight, Hedington, Hensley, Hoovler, Ingrassia, Kimelman, Lilly, Loewe, Marean, Matarazzo, McCoy, Miecuna, Miller, Oldford, Pennacchio, Roberts, Roth, Spriggs, Sweeney, Tetrick, Torcello, Williams, Zambito

No:  Antonacci, Bluhm, Ford, McErlean, Roland, Settlemoir, Siegel, Warren

*Two votes from directors who were confirmed to be present on the call but experienced technical difficulties in being heard were added to the final tally.

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