SHARE

July 28, 2022

HISA's First Stumble: District Court Halts Enforcement of HISA in Louisiana and West Virginia

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

On July 26, 2022, federal Judge Terry Doughty of the U.S. District Court for the Western District of Louisiana granted plaintiff states Louisiana and West Virginia's preliminary injunction to prevent the implementation of the Horseracing Integrity and Safety Authority's (HISA) rules. These states, joined by the Louisiana State Racing Commission, Louisiana Horsemen's Benevolent & Protective Association, Jockeys' Guild, and West Virginia Racing Commission, do not have to follow HISA's rules until the case is decided. This result comes on the heels of a series of failed challenges to HISA's authority and constitutionality in other federal district courts.

Although Louisiana and West Virginia alleged violations of the U.S. Constitution and the Administrative Procedure Act, Judge Doughty's ruling only addresses the latter. He emphasizes that "[t]his Court is only ruling on the adoption of the rules by HISA, not the constitutionality of the Act." He specifically held HISA did not comply with the 30-day comment period established under the federal Administrative Procedure Act and exceeded its authority when defining "covered horses."

The preliminary injunction only applies to the states of Louisiana and West Virginia. All other states and racetracks still must abide by HISA's racetrack safety, enforcement, assessment methodology, and registration rules that went into effect on July 1.

In response the court's ruling, HISA CEO Lisa Lazarus released the following statement:

Today's ruling from the Western District of Louisiana relates only to the Federal Trade Commission rules, is limited in geographic scope to Louisiana and West Virginia (except with respect to the named plaintiffs), and does not question HISA's constitutionality or validity. The Authority remains focused on implementing the Racetrack Safety program and drafting Anti-Doping and Medication Control rules for implementation in January 2023. Congress enacted HISA to enhance equine and jockey welfare and protect the integrity of this great sport by, for the first time, creating national rules and standards to govern Thoroughbred racing. These measures are backed by research and informed by the expertise of independent and industry representatives.

The reality is that the majority of racing participants support the Authority's mission to protect those who play by the rules and hold those who fail to do so accountable in order to keep our equine and human athletes safe and the competition fair. The immense collaboration with state racing commissions, stewards, veterinarians, racetracks, trainers, and other horsemen that has taken place to date is evidence of this support, and we intend to continue to fulfill our mandate and work to make the industry safer.

While this ruling signals a potential avenue for challenging HISA's authority through the Administrative Procedure Act, several questions remain, including HISA's constitutionality and how HISA will enforce its rules in states like Texas that refuse to comply with the regulations.

Special thanks to Summer Associate Hassan Smith for his valuable contributions to this GT Alert.

 

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Greenberg Traurig

California AG Announces Investigation of Mobile Apps' CCPA Compliance

By Gretchen A. Ramos Greenberg Traurig January 31 , 2023

On Jan. 27, 2023, the California Attorney General announced his office is investigating and sending letters to businesses in the retail, travel, and food industries with popular mobile apps that allegedly are not in compliance with the California Consumer Privacy Act (CCPA) by failing to offer a consumer opt-out mechanism for sales, or honor rights requests submitted via authorized agents.

E2 Law Podcast: Episode 20 | Empire Environmental - Review of New York's Cap-and-Invest Program to Reduce Emissions and Achieve Climate Goals

By Steven C. Russo Greenberg Traurig January 27 , 2023

In this episode of Greenberg Traurig's E2 Podcast, attorneys Steven Russo, Zackary Knaub, and Jane McLaughlin discuss New York State’s cap-and-invest program to limit greenhouse gas emissions and share revenue with New Yorkers from disadvantaged communities to help cover utility bills, transportation costs, and decarbonization.

5 Trends to Watch: 2023 Data Privacy & Cybersecurity

By Gretchen A. Ramos Greenberg Traurig January 26 , 2023

While ransomware attacks have been on the rise since 2020, a recent trend has emerged where threat actors are bypassing ransomware malware and encryption tactics and going straight to data theft.

More From Litigation

U.S. Supreme Court Dismisses as 'Improvidently Granted' Case on Scope of Attorney-Client Privilege

By Stephanie L. Adler-Paindiris Jackson Lewis P.C. January 30 , 2023

In a per curiam opinion, the U.S. Supreme Court has dismissed the writ of certiorari granted in In re: Grand Jury, No. 21-1397, writing only that it was “improvidently granted.”

This Week in 340B: January 17 - 23, 2023

By Emily Jane Cook McDermott Will & Emery January 26 , 2023

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country.

Remote Monitoring Services Under Review: Medicare Coverage Policies May Be Coming

By Deborah R. Godes McDermott Will & Emery January 26 , 2023

Six of the seven Medicare Administrative Contractors (MACs) are scheduled to jointly host a multijurisdictional contractor advisory committee (CAC) meeting on February 28, 2023.

Featured Stories
Closeclose
Search
Menu

Working...