Oklahoma horsemen file suit challenging HISA constitutionality
A group of eight horsemen filed a federal lawsuit in Oklahoma on Wednesday, alleging that the Horseracing Integrity and Safety Authority is unconstitutional.
Trainer Joe Offolter, the president of the Oklahoma Horsemen's Benevolent and Protective Association, leads the list of plaintiffs that include Danny Caldwell, Elizabeth Butler, Randy Blair, Bryan Hawk, Scott Young, Boyd Caster and Michael Major.
Wednesday's lawsuit filed in Oklahoma's western district was the sixth federal suit in the last three years to argue that HISA violated the constitution. The suit was previously reported by T.D. Thornton of Thoroughbred Daily News.
The suit alleges that "Congress has impermissibly delegated executive power to a private entity," specifically HISA. This has been a common argument against HISA, and there is currently a circuit split on whether HISA violates this provision.
A HISA spokesperson told The TDN, "As with other litigation making similar claims, we will vigorously defend our ability to implement HISA's safety and integrity rules."
The complaint highlights the disagreement between the Fifth Circuit Court of Appeals, which ruled July 5 that HISA was an unconstitutional violation of the private delegation doctrine, and the Sixth Circuit, which ruled that an amendment by Congress that made HISA subordinate to the Federal Trade Commission fixed the constitutional issue.
On June 24 the U.S. Supreme Court denied certiorari on an appeal to the Sixth Circuit ruling, meaning it chose not to review it and allowed the Sixth Circuit decision to stand without making any further comment on the application of the law. Wednesday's lawsuit was the first since this move by the Supreme Court.
Oklahoma is in the Tenth Circuit, where the Court of Appeals has not yet addressed this question. There is also a different case pending in the Eighth Circuit, including horsemen in Arkansas and Iowa, where the constitutionality of HISA is being reviewed.
In addition to the argument that HISA violates the non-delegation doctrine, the Oklahoma plaintiffs also allege that HISA violates the administrative procedure act. It argues that previously identified issues with the registration rule and enforcement rule under HISA were not addressed by the FTC, and therefore must be enjoined and vacated.
According to the complaint, all the plaintiffs in Wednesday's filing are licensed Oklahoma owners or trainers, and most are scheduled to participate in the Remington Park meet beginning Aug. 16.