Judge dismisses lawsuit to stop federal racing authority

A federal judge in Texas threw out a lawsuit from the National Horsemen’s Benevolent and Protective Association that opposed the Horseracing Integrity and Safety Act. Judge James Wesley Hendrix issued the opinion Thursday.

The original lawsuit claimed the governance of racing by the Horseracing Integrity and Safety Authority was unconstitutional, saying  Congress, which passed the act creating the authority in 2020, had given it too much power. Hendrix disagreed.

“Despite its novelty, the law as constructed stays within current constitutional limitations as defined by the Supreme Court and the Fifth Circuit,” Hendrix said in his opinion.

The lawsuit had raised several other concerns about HISA, saying it would cause horsemen undue financial burden. The HBPA also argued the structure of the authority violated the law, which Hendrix disagreed with.

HISA recently had many of its proposed rules approved by the federal trade commission. Those regulations, relating to racetrack safety, are scheduled to go into effect on July 1.

National HBPA CEO Eric Hamelback decried the ruling in a Tuesday statement.

“Aspects of this law will have a devastating effect on our industry and put many hardworking horsemen and horsewomen out of business,” Hamelback said. “We’ve been saying for several years that this legislation was illegal. We are considering our options to appeal the decision and remain committed to doing due diligence to ensure a legal solution that protects the health and welfare of our equine and human athletes is adopted.”

The statement noted that the HBPA will appeal Hendrix’s ruling. Another legal challenge of HISA, brought by multiple state racing commissions and attorneys general, remains pending in another federal court district.

Proponents of HISA celebrated the ruling by Hendrix, including The Jockey Club.

“The Jockey Club congratulates the Horseracing Integrity and Safety Authority and its counsel on the Federal Texas District Court’s finding that the Horseracing Integrity and Safety Act of 2020 is indeed constitutional,” president and CEO Jim Gagliano said in a statement.

The rules being implemented on July 1 were originally meant to include standardized medication rules. However, those regulations were delayed due to the inability of HISA to come to a deal with the United States Anti-Doping Agency.