NHBPA

Both Sides in Pending Eighth Circuit HISA Case Attempt to Spin Conflicting Opinions from Two Other Appeals Courts

The July 5 opinion out of the United States Court of Appeals for the Fifth Circuit that declared that part of the Horseracing Integrity and Safety Act (HISA) is unconstitutional is generating legal filings from both sides in a related case awaiting a decision in the Eighth Circuit. Both the plaintiffs/appellants in the Eighth Circuit case (led by Bill Walmsley, the president of the Arkansas HBPA, and Jon Moss, the executive director of the Iowa HBPA) and the defendants/appellees (executives with the HISA Authority and the Federal Trade Commission [FTC]),...

[ Read More ]
Part of HISA Ruled Unconstitutional in Fifth Circuit Decision

A judgment Friday by the United States Court of Appeals for the Fifth Circuit declared that part of the Horseracing and Safety Integrity Act (HISA) is unconstitutional. Even though the three-judge panel agreed with "nearly all" of a lower court's ruling that other contested aspects of HISA's constitutionality were fixed by a Congressional amendment to the law in 2022, the panel's one unconstitutional finding has to do with the HISA Authority's broad powers to investigate and operate. The gravity of that unconstitutionality opinion could be enough to send the case...

[ Read More ]
Supreme Court Won't Hear HISA Constitutionality Challenge to Sixth Circuit Ruling

The United States Supreme Court will not hear a challenge to the Horse Racing Safety and Integrity Act (HISA) filed by Oklahoma, Louisiana and West Virginia after the Sixth Court Circuit's Court of Appeals found that HISA is constitutional, according to an announcement from the Supreme Court Monday. "Certiorari denied," was the only statement coming from the court regarding the ruling, which was included among a monthly list of numerous other writ approvals and denials that the Supreme Court made public in batch format June 24. A writ of certiorari...

[ Read More ]
Owner Wycoff Splashes Home With Two Wins On Rain-Soaked Claiming Crown Card

Owner Jordan Wycoff was victorious with his only two entrants on Saturday's Claiming Crown card, executing a similar strategy with both favored winners. Each had met their respective starter-allowance eligibility conditions by only once having raced at or below the required minimum claiming price. And both recently had been running against tough competition on the New York and Kentucky circuits before overpowering their fields at Fair Grounds in a rain-soaked renewal of the annual event nicknamed "the blue-collar Breeders' Cup." One of Wycoff's wins Dec. 2 was delivered by Money...

[ Read More ]
Ramsey Seeks to Add to his Record 16 Claiming Crown Wins

Edited Press Release Ken Ramsey is back at the Claiming Crown. If he has only three horses (in two races) running in the program designed to showcase American horse racing's blue-collar horses, it's not for a lack of effort. The 88-year-old Ramsey is the winningest owner in the history of the Claiming Crown, which will be staged for the 25th time this Saturday at the historic Fair Grounds Race Course & Slots. But his last starter came with Peru (GB) (Motivator {GB}), whose victory in the 2018 Claiming Crown Tiara...

[ Read More ]
The Wait Begins: Fifth Circuit Hears HISA Constitutionality Appeal Arguments

A 2 1/2-year-old legal fight led by the National Horsemen's Benevolent and Protective Association (NHBPA) to try and overturn the Horseracing Integrity and Safety Act (HISA) based on alleged constitutional flaws got distilled into one hour of oral arguments on Wednesday in the case's second go-round before the United States Court of Appeals for the Fifth Circuit in New Orleans. As expected, lawyers for the two sides stuck to the finer points of constitutionality law, and there were only several passing references related to horse racing. The arguments centered on...

[ Read More ]
Vets: HISA Puts Them at 'Greater Risk than Other Covered Persons'

The North American Association of Racetrack Veterinarians (NAARV) is arguing for the United States Court of Appeals for the Fifth Circuit to overturn the Horseracing Integrity and Safety Act (HISA) on constitutional grounds because the law allegedly "places the racetrack veterinarians at a greater risk than other covered persons" from a due process standpoint. Chief among the assertions made by the NAARV in a 51-page "friend of the court" brief filed July 14 are that "initial findings of wrongdoing by a member of NAARV, pursuant to HISA, result in a...

[ Read More ]
HBPA On HISA: This Court's Job Is To Again Tell Congress 'No'

With oral arguments tentatively scheduled for the first week in October, the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates told the United States Court of Appeals for the Fifth Circuit on Wednesday that the rewritten version of the Horseracing Integrity and Safety Act (HISA) remains "patently unconstitutional," and that the Authority overseeing the sport "is basically a private police department" whose sweeping powers equate to "oligarchic tyranny." As the appellants in a lawsuit that has persisted in the federal court system for more than 27...

[ Read More ]
Texas Judge Says No to ADMC Injunction

The Texas judge handling the National Horsemen's Benevolent and Protective Association (NHBPA) constitutionality lawsuit that is trying to halt the Horseracing Integrity and Safety Act (HISA) on Wednesday refused to grant an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program. In issuing his order, United States District Court Judge James Wesley Hendrix of the Northern District of Texas (Lubbock Division) pointed out that it is the second time in two weeks that he has informed the plaintiffs in a court order that...

[ Read More ]
HISA, FTC Link Grim Headlines to HBPA's Desire for 'Status Quo'

In two separate court filings Thursday, the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) both sharply criticized the National Horsemen's Benevolent and Protective Association (NHBPA)'s decision to seek an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program. What stood out was that neither the HISA Authority nor the FTC shied from trying to link the NHBPA's desire to maintain the "status quo" to the grim headlines that have dominated the sport over the past week. "Seven...

[ Read More ]
NHBPA Again Goes to Court to Try and Halt May 22 ADMC Launch

With another appeal in the pipeline for its constitutionality lawsuit that is trying to derail the  Horseracing Integrity and Safety Act (HISA), the National Horsemen's Benevolent and Protective Association (NHBPA) has once again asked a federal judge in Texas to grant in injunction that would delay the May 22 implementation of the HISA Authority's Anti-Doping and Medication Control (ADMC) program. The motion for injunction pending appeal was filed on Friday, one day after United States District Court Judge James Wesley Hendrix ruled that the revamped version of HISA that got...

[ Read More ]
NHPBA Criticizes FTC Delay Announcement

Even as the National Horsemen's Benevolent and Protective Association (NHBPA) is trying to halt the Horseracing Integrity and Safety Act (HISA) for good, its attorneys filed a response in federal court Thursday that criticized the Federal Trade Commission (FTC)'s Apr. 27 order that mandated the third delay in nearly a year for the implementation of the Anti-Doping and Medication Control (ADMC) program, this time from May 1 to May 22. The NHBPA told the court that the FTC's issuance of the order to delay the program without first providing a...

[ Read More ]
X

Never miss another story from the TDN

Click Here to sign up for a free subscription.