Federal authority defends itself in legal fight over doping rules

New federal medication rules that went into effect Monday are being defended against a legal challenge to have the rules set aside this week by a judge in Texas.

In a 20-page response filed Wednesday, lawyers for the Horseracing Integrity and Safety Authority called on U.S. district judge Wes Hendrix in Dallas to reject Monday’s call for a preliminary injunction by the end of the week. The National Horsemen’s Benevolent and Protective Association, joined by the state of Texas and other plaintiffs, filed the motion to hit the brakes on the new regulations that were approved Monday by the Federal Trade Commission.

The HISA response argued “plaintiffs are unlikely to succeed on the merits, because (HISA) is fully subordinate to the FTC” and that “plaintiffs have demonstrated no irreparable harm, and any injunction would greatly injure the public interest by upending a successful regulatory regime.”

The horsemen’s group argued that the FTC was wrong to green light the new anti-doping and medication-control rules because it did not offer the required 30 days’ notice between their approval and the date they took effect.

“Here, the rule’s approval was announced on its effective date,” the NHBPA motion said. “The court should not countenance or reward agency actions timing the rule’s approval in a way that attempts to circumvent plaintiffs’ opportunity to secure meaningful relief before the rule goes into effect.”

The NHBPA said it wanted a preliminary injunction by the close of business Friday so trainers would not be forced to make a sudden adjustment to the new rules before stakes races Saturday. It specifically pointed out “two of the races, the Arkansas Derby (G1) and the … Florida Derby (G1), are designated as signature races and Triple Crown prep races.”

According to the NHBPA case, “Relief is necessary to ensure these races are run under existing state regulations rather than the rushed implementation of the (new rules). The overall scheme’s illegality is exacerbated by the practical reality that the late approval gave horsemen zero lead time before the effective date, such that many substances that were (legal) at the time they were consumed will still be in a horse’s system and appear on tests taken (Saturday), potentially resulting in disqualifications and sanctions without relief from this court.”

Hendrix ruled in favor of HISA almost exactly a year ago when he dismissed an NHBPA claim that the new law was unconstitutional. Higher courts also have weighed in on that fight. The Fifth Circuit Court of Appeals in New Orleans sided with the horsemen’s group Jan. 31, but the Sixth Circuit in Cincinnati decided March 3 that HISA was legal.

The opposite rulings have complicated the legal fight over HISA. One of the main bones of contention has been how much sway the FTC truly has over the racing authority, which went into business July 1.