Federal Trade Commission

HISA Rules Back in Force Nationwide After Appeals Court Ruling

A temporary "administrative stay" ruling issued Wednesday night by a panel of three judges from the United States Court of Appeals for the Fifth Circuit means that "pending further consideration," Horseracing Integrity and Safety Act Authority (HISA) rules are back in effect nationwide. The Aug. 3 court order trumps a preliminary injunction issued July 26 by a lower U.S. District Court (Western District of Louisiana) judge that had halted the HISA rules in Louisiana and West Virginia pending the outcome of an underlying lawsuit in that court. In that June...

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Injunction Halts HISA Rules, But Only in Louisiana and West Virginia

The plaintiff states of Louisiana and West Virginia won a preliminary injunction in federal court Tuesday that will keep the Horseracing Integrity and Safety Act (HISA) Authority's rules from being implemented in those two states until a lawsuit challenging the constitutionality of HISA gets decided in full. "This court believes the threatened harm to Plaintiffs outweighs any harm that may result to the Defendants and that a preliminary injunction will not undermine the public interest," wrote Judge Terry Doughty of U.S. District Court (Western District of Louisiana). "This Court is...

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Mulling HISA Injunction, Judge Says No to Lengthy Hearing

After receiving back-and-forth written briefs from both parties on whether or not to impose a preliminary injunction that would halt the Horseracing Integrity and Safety Act (HISA) Authority's rules until a lawsuit challenging them gets decided in full, the judge in charge of the case on Friday denied a request by the plaintiffs to hold a potentially lengthy in-person hearing to debate the issue any further. The plaintiffs, led by the states of Louisiana and West Virginia, plus the Jockeys' Guild and various Louisiana-based "covered persons" under HISA rules, had...

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Feds: Last-Minute HISA Suit An 'Emergency of Plantiffs' Own Making'

A federal judge on Thursday opted not to immediately grant the "expedited consideration" restraining order or injunction that opponents of the Horseracing Integrity and Safety Act (HISA) alleged was needed to stave off the "irreparable harm" from "illegal rules" that are set to go into effect at midnight Friday. But within several hours of learning June 30 that Judge Terry Doughty of U.S. District Court (Western District of Louisiana) had given HISA and other defendants two weeks to file a response to the restraining order motion, the lead plaintiffs from...

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New Lawsuit Aims to Halt HISA On Eve of Implementation

The states of Louisiana and West Virginia are at the forefront of a new federal lawsuit filed late Wednesday that seeks to block the Horseracing Integrity and Safety Act (HISA) from going into effect when the clock strikes midnight on Friday. The defendants, who consist of the HISA Authority, the Federal Trade Commission (FTC), and board members and overseers of both entities, have allegedly violated the Fourth, Seventh and Tenth Amendments to the United States Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies...

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HISA Questions and Answers

Last week, TDN launched a cheat sheet to help guide industry participants through the launch of the Horseracing Integrity and Safety Act (HISA) on July 1. Since then, we have been fielding unanswered questions that industry participants have about the process to register, and about the new playing field come July 1, forwarding them to HISA for response. Over the weekend, HISA CEO Lisa Lazarus addressed a common registration problem bedeviling the system, with HISA's text message verification codes often been misclassified by telecommunications providers as spam. In short: While...

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HISA: FTC Approves Rules, Distribution of Cost

The Federal Trade Commission (FTC) has approved the proposed Enforcement and Methodology Assessment Rules in addition to the distribution of the 2022 cost assessments to state racing commissions, according to the Horseracing Integrity and Safety Authority (HISA) Friday. The effective date for the start of the Racetrack Safety Program is July 1. "These developments bring us closer to fulfilling our mandate to protect the wellbeing of both horse and rider through uniform rules and accreditation standards," said HISA CEO Lisa Lazarus. "The Racetrack Safety Program will expand veterinary oversight, impose...

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National HBPA Issues Statement on FTC Approval of HISA Safety Rules

The Federal Trade Commission (FTC) approved the rules and accreditation standards that comprise the Horseracing Integrity and Safety Authority's (HISA) Racetrack Safety Program on Friday. The National HBPA issued the following statement on Saturday: "The Federal Trade Commission (FTC) on Thursday, March 3, 2022, issued an order approving without exception all the racetrack safety regulations propounded by the Horseracing Integrity & Safety Authority (HISA). The rubber-stamp order accepted without issue all of the proposed rules as well as acceptance of the Authority's responses to the comments submitted by industry participants....

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FTC Approves HISA Safety Program Rules, Accreditation Standards

Edited Press Release The Federal Trade Commission (FTC) today approved the rules and accreditation standards that comprise the Horseracing Integrity and Safety Authority's (HISA) Racetrack Safety Program, a major milestone in HISA's mission to protect the wellbeing of equine and human athletes along with the integrity of the sport. With FTC approval, HISA will now move forward with robust industry education efforts ahead of the program's July 1, 2022 implementation date. "The Racetrack Safety Program's multi-faceted approach will enable veterinarians, horsemen and all racing participants to optimize the safety of...

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HISA: Five Key Areas and Related Questions

Time is barreling onwards towards July 1, when the Horseracing Integrity and Safety Act (HISA) is scheduled to go into effect, and the pulse of the industry appears to be one of growing trepidation over what promises to be a sweeping reorder of its working mechanics. That is hardly surprising, given the program still lacks a central enforcement agency, thanks to stalled talks towards the end of last year with the United States Anti-Doping Agency (USADA). What's more, in Lisa Lazarus, the board of directors has only just formally instated...

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Six States, Two Without Racing, Join Fight To Derail HISA

The attorneys general from six new states have sided with existing plaintiffs in Oklahoma, West Virginia and Louisiana by filing a Sept. 21 "friend of the court" brief in one of two currently active federal lawsuits aiming to get the Horseracing Integrity and Safety Act (HISA) voided for alleged constitutional violations before HISA even goes into effect. Curiously, two of those six states--Alaska and Mississippi--have no current forms of legal pari-mutuel horse racing. The other states expressing support for the alleged unconstitutionality of HISA are Arkansas, Idaho, Nebraska and Ohio....

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Feds: HBPA 'Jumped the Gun' in HISA Lawsuit

Federal attorneys want the National Horsemen's Benevolent and Protective Association (HBPA)'s anti-constitutionality lawsuit thrown out of court, arguing that the HBPA's allegations of injury regarding the Horseracing Integrity and Safety Act (HISA) "are entirely threadbare" because no rules, regulations or fees have been established by the not-yet-in-effect regulatory body. "Plaintiffs jumped the gun bringing this constitutional challenge," the federal government stated in an Apr. 30 motion to dismiss filed in United States District Court for the Northern District of Texas. "Their complaint questions the validity of a law that currently...

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