Judge denies Lone Star effort to resume simulcast exports

Lone Star Park's ability to export its simulcast signal to other states is in doubt after a judge in Texas denied a motion by the track to stop federal regulation of horse racing in the state.

Paulick Report and other outlets reported that Lone Star, which opens Thursday, asked for a temporary restraining order to stop enforcement by the Horseracing Integrity and Safety Authority. The law that created the authority does not allow interstate simulcasting by tracks that do not comply with HISA regulations.

The Texas Racing Commission maintains that state law gives it exclusive authority to regulate races run in the state and that its tracks do not have to comply with HISA regulations. It gave Lone Star approval to export its signal, which led to the request for the temporary restraining order in federal court.

Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas denied Lone Star’s motion Monday, citing several reasons. One reason, he wrote, was that the plaintiffs had “not shown a substantial likelihood of success on the merits” of their lawsuit. And he said the plaintiffs have “not established irreparable harm” if HISA rules were enforced in Texas.

In the dispute over the constitutionality of HISA, being argued in two federal cases, Hendrix had ruled earlier in a separate lawsuit that HISA is constitutional. His ruling was overturned by the Fifth Circuit Court of Appeals and sent back to Hendrix’s court.

Hendrix said he expects to rule on the issue of HISA’s constitutionality soon, noting that since the Fifth Circuit’s ruling, Congress changed the law authorizing HISA to clarify that it is under the authority of the Federal Trade Commission.

Matt Vance, executive vice president for racing for Lone Star Park, could not be reached for comment.