Oklahoma and West Virginia sue to stop racing reform bill

The states of Oklahoma and West Virginia have sued the authorities behind the Horseracing Integrity and Safety Act, which will impose more central authority into the sport after being signed into law in December.

The federal suit, filed in the Eastern District Court of Kentucky, claims the authority structure created by the bill is unconstitutional as it puts a private, non-profit in charge of the industry.

“HISA thus delegates to a private body the full coercive power of the federal government while simultaneously making it completely unaccountable to the people,” the lawsuit reads.

[Related: Racing reform passes Senate as part of federal spending bill]

The suit also claims the bill was passed with no funding mechanism from the federal government, leaving the racing industry to foot the bill for new drug testing procedures that are to be handled by the U.S. Anti-Doping Agency.

The filing names nine defendants, including HISA authorities, the U.S. Government and several members of the Federal Trade Commission. Plaintiffs include the states of Oklahoma and West Virginia as well as several industry interests, including Remington Park and Will Rogers Downs racetracks.

The lawsuit seeks to have HISA declared unconstitutional and stop the defendants from taking any action to implement it. It also seeks “nominal” damages.

HISA was supported across the industry by groups such as The Jockey Club as well as both parties in government. The bill was shepherded through Congress by Senator Mitch McConnell (R-Ky.) and Congressman Paul Tonko (D-N.Y.).

However, other groups have stood against the law, including the National Horsemen’s Benevolent and Protective Association, which has filed its own lawsuit seeking to stop HISA from being implemented.