FTC Notifies Appeals Court of HISA Rule Change Proposal

By

 

The Federal Trade Commission notified the Fifth Circuit Court of Appeals in New Orleans by a Sept. 2 letter that the Horseracing Integrity and Safety Authority has proposed two rule changes to meet objections raised by two states and others in a federal lawsuit.

The suit originated in U.S. District Court for the Western District of Louisiana, which on July 26 issued a preliminary injunction curbing HISA’s power to enforce FTC safety rules in Louisiana and West Virginia and to all plaintiffs in the case. The ruling was not based on constitutional grounds.

The Fifth Circuit Court of Appeals Aug. 8 ordered that the district court injunction be stayed except for its application to three regulations while it considers an appeal of the injunction. Oral arguments on the merits of the case followed Aug. 30.

 

Read BloodHorse Article

HISA Faces New Legal Challenge in Texas

Lawsuit says the authority’s enforcement systems are unconstitutional.

 

A lawsuit filed on July 29 in U.S. District Court for the Northern District of Texas challenges the authority of the Horseracing Integrity & Safety Authority.

The suit was brought by Lone Star Park owner Global Gaming, the owner of a Texas greyhound track seeking approvals to run horse races, and two entities trying to develop racetracks for horses in Texas. The suit and a motion for preliminary injunction motion argue that members of the HISA board of directors should have been appointed by the President on the advice and consent of the Senate, and that the Authority is unconstitutionally structured because the President cannot superintend the authority’s execution of laws.

 

Read BloodHorse Article

Challenge to HISA Denied by Ruling in Texas Case

Claims brought by the National HBPA to enjoin enforcement of HISA were dismissed.

 

Claims brought in a Texas federal court to stop the Horseracing Integrity and Safety Act from going forward were dismissed on March 31 by U. S. District Judge James Wesley Hendrix.

The lawsuit, filed by the National Horsemen’s Benevolent and Protective Association and joined by affiliated HBPAs, sought to have the court enjoin enforcement of the Act as unconstitutional. The HBPAs argued that HISA gave unlawful regulatory power to a private entity it created, the Horseracing Integrity and Safety Authority.

After finding the HBPAs have standing to bring the case and that an actual controversy exists, Hendrix also found there is no disagreement about the material facts, leading the way to a decision based on the application of law.

 

Read BloodHorse Article