Federal Takeover of Louisiana Horse Racing Ruled Unconstitutional

Attorney General Jeff Landry: Louisiana Department of Justice
FOR IMMEDIATE RELEASE:
Friday, November 18, 2022

Federal Takeover of Louisiana Horse Racing Ruled Unconstitutional
AG Jeff Landry Wins Again at U.S. Court of Appeals for the Fifth Circuit

NEW ORLEANS, LA – The U.S. Court of Appeals for the Fifth Circuit has sided with Louisiana Attorney General Jeff Landry, ruling that the Horseracing Integrity & Safety Act of 2021 (HISA) is facially unconstitutional under the private non-delegation doctrine.

In June, Attorney General Landry led a lawsuit challenging HISA – a measure ramrodded into the COVID relief bill that cedes much regulatory and taxation power of the State to an unelected and unaccountable nongovernmental entity. In July, Judge Terry Doughty of U.S. District Court in the Western District of Louisiana granted a preliminary injunction preventing the rules from being enforced in Louisiana and West Virginia. Today, the entirety of HISA was brought down.

“This is a major victory for the rule of law and the horse industry. I am proud to deliver this win for the thousands of our neighbors who ply their trade as horse owners, trainers, jockeys, and more,” said Attorney General Landry. “This federal government overreach involved delegating unsupervised power to a private entity. I applaud my Solicitor General Liz Murrill and her deputy Shae McPhee for their tireless work in defense of federalism.”

Victory For State Sovereignty & Louisiana Industry: Federal Takeover Of Horse Racing Halted

Tuesday, July 26, 2022

Victory For State Sovereignty & Louisiana Industry: Federal Takeover Of Horse Racing Halted
Federal Judge Sides with AG Jeff Landry, Blocks Enforcement of HISA Regulations in Louisiana

BATON ROUGE, LA – Louisiana Attorney General Jeff Landry has won a victory over regulations imposed by an unconditional and unfunded Congressional mandate that cedes much regulatory and taxation power of the State to an unelected and unaccountable nongovernmental entity.

Ruling in favor of Attorney General Landry – Judge Terry Doughty of United States District Court in the Western District of Louisiana has granted the State of Louisiana, State of West Virginia, Louisiana State Racing Commission, Louisiana Horseman’s Benevolent & Protective Association, Louisiana Thoroughbred Breeders Association, Jockeys Guild, West Virginia Racing Commission, and horse owners, trainers, and jockeys a preliminary injunction against rules created from the Horseracing Integrity & Safety Act of 2021 (HISA).

“I am grateful Judge Doughty applied the law and blocked this federal overreach from devastating our State and the thousands of Louisianans in the horse industry here,” said Attorney General Landry. “Since becoming a State in 1812, Louisiana has not only regulated horseracing but also built an entire culture around it with the owners, trainers, jockeys, racetracks, and patrons.”

“Congress ramrodded HISA into the COVID relief bill and recklessly set up this massive regulatory scheme that is onerous at best on everyone; then to add insult to injury, it is paid for on the backs of those who work the hardest and receive the least,” explained Attorney General Landry.

As noted when Attorney General Landry filed suit in June – HISA purports to effectively substitute state regulatory commissions with a private corporation, setup 90 days prior to the passage of this Act, in charge of horseracing. This newly-created private corporation then began to issue regulations – allowing very little time for public comment, leaving those that actually labor under them with little input or voice.

“The process of creating the law and its associated regulations showed a reckless disregard for the thousands of industry participants in Louisiana and a correspondingly reckless disregard for the impact to our State,” added Attorney General Landry. “The regulations are unclear, inconsistent, and violate due process; and I will continue to do all that I legally can to halt them from taking effect in Louisiana.”

A copy of the ruling may be found at https://www.agjefflandry.com/Article/13056.

Louisiana Horse Industry Under Attack from Unconditional & Unfunded Congressional Mandate, Attorney General Jeff Landry Fights Back

Louisiana Joins Lawsuit Filed in Federal Court to Protect State from Overreaching, Unaccountable Horseracing Integrity & Safety Authority

BATON ROUGE, LA – Fighting to protect state sovereignty, Attorney General Jeff Landry has joined Louisiana to a lawsuit challenging the constitutionality of the Horseracing Integrity & Safety Act of 2021 (HISA) – a measure ramrodded into the COVID relief bill that cedes much regulatory and taxation power of the State to an unaccountable nongovernmental entity.

“HISA requires the unelected Authority to exercise regulatory authority over horseracing in Louisiana, mandates our State to assist the Authority, and forces us to choose between remitting funds to the Authority or losing some of our powers of taxation,” explained Attorney General Landry. “This violation of the Tenth Amendment would have devastating effects to our State and the thousands of Louisianans in the horse industry.”

“While I believe that horses should be treated humanely and horseracing should be held to the highest degree of integrity, I know that more bureaucracy from an overreaching and unaccountable fiefdom is not the way to achieve these goals,” continued Attorney General Landry. “We should continue our Legislature’s decades-long delegation of police powers over the industry to the Louisiana State Racing Commission, knowledgeable participants who have collected significant fees and taxes while enforcing our statutes and regulations concerning the health and safety of equine athletes and all other industry participants throughout Louisiana.”

Attorney General Landry’s litigation was met with swift praise and appreciation from those who ply their trade – directly and indirectly – in owning, breeding, training, grooming, racing, and caring for horses in Louisiana.

“The actions of Attorney General Jeff Landry in opposing the HISA law demonstrates his genuine concern for the well-being of the Louisiana horse racing and breeding industry and its participants throughout the State as well as our equine athletes,” said Benard Chatters, the President of the Louisiana Horsemen’s Benevolent & Protective Association (LAHBPA).

“The Louisiana Horsemen appreciate and respect the unwavering support of Attorney General Jeff Landry, which he has consistently shown to the Louisiana horse racing and breeding industry throughout our State,” said Ed Fenasci, the Executive Director of the LAHBPA.