Category: HBPA

National HBPA Conference Panel: Testing Levels Based on Science Key for Horse Racing Integrity

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University of Kentucky’s Dr. Thomas Tobin. Denis Blake/National HBPA photo

Screening levels based on science for post-race testing are essential for the integrity of the horse-racing industry — as is public information about how such policy is made.

While fleas and dogs got (separately) into the discussion, that was the major takeaway from the Kent Stirling Memorial Medication Panel on Wednesday’s second day of the National Horsemen’s Benevolent & Protective Association conference at the Hotel Monteleone.

With today’s super-sensitive testing capabilities, the National HBPA has long advocated for scientifically-developed screening and threshold levels used to determine if a positive finding is a legitimate rules violation, or if a negligible amount was inadvertently transferred to a horse or by contamination with no pharmacological impact on the animal’s performance. The topic has added urgency with the Horseracing Integrity & Safety Authority (HISA) taking over control of equine-testing policy and enforcement as early as March 27.

HISA CEO Lisa Lazarus has said trainers will not be penalized nor horses disqualified for irrelevant trace levels of substances readily found in the environment. However, there is nothing in HISA’s proposed medication and drug rules that state that. Lazarus’ comments also seem at odds with what has been said by Dr. Mary Scollay, chief of science for the organization contracted to implement and enforce HISA’s rules.

“The scariest thing for me is when somebody who is in a position of authority — a regulator, a prosecutor — says ‘Just trust me. I know what I’m doing. Just trust what I’m doing,’” said El Paso attorney Daniel Marquez, whose law practice includes representing horsemen in the Southwest. “OK. I’ve been there, been that person. I don’t trust me. There needs to be accountability.

“… (If) you can support and justify your judgment, that makes you a good regulator, a good enforcer of the rules. Unless you can provide the information for others to look at, to critique, to scrutinize, your justification can never be challenged. That is something about which we all should be very wary of.”

What a bufotenine finding in a horse has to do with a female flea

Bringing sensitivity into sharper focus, drug-testing and toxicology expert Dr. Steven Barker — now an Emeritus Professor at Louisiana State University after retiring following years as head of its state equine drug-testing lab — used an example of bufotenine, which can be detected in horses’ post-race tests if (among other things) they ate hay with reed canary grass in it, and a flea.

First, a couple of explanations about metric measurements: Barker said a small paper clip weighs a gram. A microgram is a unit of mass equal to one-millionth of a gram. A picogram is equal to one-trillionth of a gram.

Barker cited three horses in the Mid-Atlantic in whom bufotenine was detected at the extremely low levels of between 34.5 and 56.6 picograms per milliliter in blood and between 731.5 and 1,964.5 picograms/ml in urine. If those sound like big numbers, Barker said to consider that “the weight of a new-born female flea, prior to its first blood meal, is 450 micrograms. The blood volume of a horse is approximately 50,000 milliliters.

“So if a horse has 56 picograms per mil of bufotenine in a sample, the total amount of bufotenine in the entire horse is 2.8 micrograms – which would be 0.62 percent of a female flea,” Barker said. “So you imagine a 500- kilogram animal that has 0.62 of a female flea distributed throughout its entire body, what do you think the drug effect would be? Zero to nothing. And this is the case in a lot of the positives being called now.

“… If HISA is going to do its job, these kinds of positives have to be given scientific consideration. Not ‘Oh, we found it, we confirmed it, you’re guilty.’ I’ve seen that way too much. Are they going to worry about the integrity of the industry, worried about giving the industry a black eye for all these positives? When really the more important thing is the integrity and reputation of trainers, owners and the horses affected.

“What if it had been a horse that won the Kentucky Derby?” Barker added mischievously, having been an expert witness for trainer Bob Baffert in the appeal of Medina Spirit’s disqualification of his 2021 Kentucky Derby victory for a medication overage. “So, using science, coming up with reasonable levels to call positives that really do meet their mandate, is what HISA should be doing. I don’t know that they will. I certainly hope they do.”

How U.S. horse-racing testing numbers stack up with human sports

Dr. Clara Fenger, a Central Kentucky-based veterinarian and racehorse owner with additional degrees in internal medicine and equine exercise physiology, started off the panel with some statistics. She said in 2021, the World Anti Doping Agency reported 0.77 percent positive tests out of the 241,430 athletes tested worldwide, with 40 percent of the violations being for illegal anabolic steroids. A very small amount are from inadvertent environmental contamination, she said.

In the United States in 2020, out of 243,627 racehorse tests, only 0.43 percent were declared post-race positives. Of those, 28 percent were for Class 1 substances, and most of those could reasonably be considered inadvertent environmental transfer, such as with methamphetamine and morphine, she said.

But while violations in human sports were down 1.19 percent from 2013, U.S. horse racing rose to that 0.43 percent of positive findings from 0.34 percent in 2013, Fenger said. While that still reflects very few “true” attempts to cheat, in her words, she said the bump in horse racing is explained by labs using their increased sensitivity to find irrelevant minuscule levels of substances that would not be called positives in human testing.

“Has the increase in positive tests in horse racing indicated that HISA is necessary to reverse the trend?” Fenger asked, then answering no. “HISA doubles down on calling violations for environmental contamination and insignificant trace levels.”

Fenger: Labs will be allowed to vary how low they call a positive finding

Fenger said labs that will enter into contracts to do testing for HISA must be able to detect substances down to a specified minimum level, known as Minimum Required Performance Levels (MRPL). However, the lab can elect to call a positive finding at any level below that minimum, she said, adding that flies in the face of HISA’s mission of bringing uniformity across all racing jurisdictions.

“For substances that reflect actual cheating, this is a great system,” Fenger said. “Because if one lab can find it really, really low, they can share their methods with other laboratories and they can all find it better…. But for therapeutic medication, this represents a huge difference in regulations state to state, depending on the laboratory doing the testing.

“Not one existing or proposed HISA regulation could have stopped the federal indictments (in 2020 of trainers Jason Servis, Jorge Navarro and 25 others for conspiring to dope horses). Not one…. HISA’s screening levels are not based on science, making some therapeutic medication violations essentially impossible to avoid.”

Prescription transfer: Human to horse – and now dog to horse

Dr. Thomas Tobin — the longtime consultant to the National HBPA who is a veterinarian and renowned expert in equine pharmacology and toxicology at the University of Kentucky’s Gluck Equine Research Center — shared a couple of unusual cases that illustrate how minute levels of substances can transfer to a horse without direct administration.

One came amid a rash of positive findings for the seizure and shingles drug Gabapentin in Ohio, which has an “in-house” screening level of eight nanograms (parts per billion) per millimeter of plasma, Tobin said. The finding of 89.4 ng/ml in a horse’s post-race test was traced to the groom, who had a prescription for Gabapentin and urinated in the horse’s stall. Three other drugs prescribed for the groom were found in the horse — the largest known number of human prescription medications transferred together to a horse to date, Tobin said.

In another case, the urinating culprit was … a dog.

The Irish Times reported that a racehorse owned by a veterinarian was disqualified from a victory after the post-race test revealed the presence of Gabapentin. That result was determined to have come from the family dog, who was being treated with Gabapentin and had access to the horse stalls.

“It’s now official in the published domain that you can dose a dog with Gabapentin and it can turn up in a racehorse,” Tobin said.

Tobin said he was asked to work on a plasma cutoff for fentanyl for equine testing, below which there would be no pharmacological effect, because of the street drug’s widespread availability. (He said he’s in the process of publishing a recommended screening level of 50 picograms per milliliter of plasma.)

El Paso attorney fears losing transparency, accountability

Daniel Marquez, the El Paso attorney joining the pharmacology experts on the medication panel, said his experience as an active-duty judge advocate with the U.S. Marine Corps formed his philosophy “and the perspective in which I look at the current state we see with respect to the federal regulation within the horse-racing industry.

“… The bedrock concept of what curb regulators is the fact that there’s transparency, there’s accountability. And HISA lacks that.”

Alluding to Tobin and Barker noting their research benefits from data acquired through open-records requests, Marquez said, “That’s accountability, that’s transparency. With the addition, the inclusion of private entities into the HISA rule-making and policy adoption, we threaten that accountability, that transparency.”

Marquez said there was a rash of corticosteroid overages in 2018 after New Mexico switched testing laboratories. Information gathered through open-record requests documented the difference in methodology between the two labs, with the courts ultimately holding trainers blameless for their horses’ positive findings.

“But it had to be pushed,” Marquez said. “This had to be fought in court to get to that point. And those decisions were not appealed. Why is that important? Without that ability to go and get that information, individuals may have been held liable for something that was not their fault.

“With HISA and the reliance on individual labs, some of which are private, we lose part of that arm of accountability. Private labs are not subject to those (Freedom of Information Act) laws or state open-record laws.”

“… As you heard from the panel, the scientific basis for many of these MRPLs or threshold substances, that’s information that needs to be known… With the challenges coming now with the new HISA proposed rule-making, those are matters we need to take into consideration…. We need to be sure these regulators are following the rules, that they’re being the people in the white hat.”

The conference’s panels and presentations conclude Thursday.

HISA the Focus at HBPA, Racing Commissioners Conference

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Louisiana Attorney General Jeff Landry. Denis Blake/National HBPA photo

 

Louisiana Attorney General Jeff Landry and Daniel Suhr, managing attorney for the Liberty Justice Center, told an assembly of racehorse owners, trainers and racing regulators Tuesday that they expect the Horseracing Integrity & Safety Act (HISA) to wind up before the U.S. Supreme Court — and they also believe America’s highest court will strike down the legislation as unconstitutional.

While the room at the Hotel Monteleone was populated with folks concerned how HISA will impact their industry, Landry and Suhr said the four legal challenges before the Fifth and Sixth Circuits have much broader implications for the country. HISA, originally passed by Congress when slipped into the 2020 Covid relief bill, sets up a private corporation, also known as HISA or the Authority, with broad powers to create, implement and enforce safety rules and drug and medication policies with the Federal Trade Commission providing some measure of oversight.

Landry, who brought suit against HISA in U.S. District Court in the Western District of Louisiana, was the keynote speaker Tuesday on the first of three days of panel discussions and presentations at the National Horsemen’s Benevolent & Protective Association (NHBPA) conference being held in conjunction with the Association of Racing Commissioners International (ARCI), which represent pari-mutuel racing regulators.

“If we don’t get this thing struck down, you better have this meeting in probably the dining room – and I mean the small dining room here at the Monteleone,” Landry said. “It will be a bunch of folks who have more money in their pockets than they know what to do with. And they’re going to control the tracks and horse racing, and the rest of us really won’t be able to enjoy the sport… This law is actually designed to eliminate the very fabric of horse racing. And so we stood up.

“I said, ‘We are going to keep filing suits, and we’re going to find a way to bring this thing to the U.S. Supreme Court if we have to. Guess what? We are there. And I’m glad we’re there. I know the Sixth Circuit decision (upholding HISA, in contrast to the Fifth Circuit’s appellate court ruling) was not all that great for us. But quite frankly, I think it was. Because it is going to absolutely force this case before the United States Supreme Court.

“This in my opinion, outside of horse racing, is actually one of the most important cases that will go before the Court this century. If this law is upheld, there is nothing that is out of reach of the federal government. There is no industry. There is no activity. There is nothing those boys in Washington can’t lay their hands on…  I don’t believe horse racing is one size fits all. I’m not about to tell folks in Florida or New York or Kentucky how they should conduct their horse racing. And I don’t want them to come down to Louisiana and tell me how we should.

“… The fellows that are writing the (HISA) laws don’t even know how to shoe a horse, yet they want to regulate a horse shoe. Then to add insult to injury, this law is paid for on the backs of you all – those who labor the hardest and sometimes receive the least. The jockeys, trainers, vets, the owners. You paid for it. Uncle Sam says, ‘We like this law. You’ve got no opportunity to debate whether you think the provisions were right, wrong or indifferent. We signed this into law. We’re going to regulate you, and you’re going to pay for it.’ How do y’all like that?

“… This basically creates an opportunity for a handful of elite people to dictate the rules of the game. For those of you who have helped us and joined us, I want to say ‘thank you.’ From where we started to where we are today is a much different place… I really do believe that we can affect a minimum of five of those justices on the Court…. I believe there’s a better option for us than this law. I’m going to tell you, when this is all over with, we’re going to give you a case and we’re going to give you a decision from the United States Supreme Court that is absolutely going to make you happy.”

‘What we’re fighting about is accountability, transparency and fairness’

The non-profit Liberty Justice Center is representing the National HBPA pro bono in what became the first challenge to HISA’s constitutionality filed in the Fifth Circuit, whose Court of Appeals ruled 3-0 in favor of the horsemen. Those judges remanded the case back to the lower District Court for reconsideration.

“I believe this case is important not just for this industry,” Suhr said. “I know it is. But I’m here because I believe it’s important for our country and our democracy, and I don’t say that lightly. Because fundamentally what we’re fighting about is accountability, transparency and fairness, which are core guarantees of our Constitution to all of us as citizens. When the government exercises power in our lives, when it comes into our business, our families, it is accountable to voters, it is transparent to the stakeholder community, to the news media and to all of us as citizens. And it is neutral. It is independent and it is fair when it exercises that power.”

Suhr said, based on their written SCOTUS opinions, that he believes there are enough justices to strike down HISA. “There’s no such thing as a slam dunk in my business,” he said. “It’s a lot like yours. Everything is a little bit of a gamble. But I do this for a living and I can tell you, we brought this case because we believe when it gets to the Supreme Court, those fundamental principles we’ve been talking about are actually going to decide the day. I think we have a really great shot at this.”

Suhr said the Sixth District, in upholding HISA, got the application wrong but the principle right.

“‘ … the government may not empower a private entity to exercise unchecked legislative or executive power,” he said, reading from the ruling. “Those who govern the people must be accountable to the people. Completely transferring unchecked federal power to a private entity that is not elected, removable or impeachable undercuts representative government at every turn.’

“… We’re not going to let the government pick individual parts of industries and give them power over the rest of the industry.”

The Authority has said repeatedly that it plans to start enforcing its Anti-Doping and Medication Control rules on March 27 if approved by the FTC. Suhr said should the FTC grant approval, the Liberty Justice Center is prepared to go to court immediately to seek emergency relief aand an injunction to bar enforcement of those rules.

Joining Suhr on a Tuesday morning panel updating the audience about the four court cases were attorneys John Duvieilh, Pete Sacopulos and National HBPA General Counsel Peter Ecabert, who all represent plaintiffs in the HISA cases.

Comparisons to financial-services industry are flawed, lawyer says

Suhr said proponents of HISA incorrectly compare having the Authority regulating horse racing to the Financial Industry Regulatory Authority (FINRA) regulating the financial-services industry under the Securities and Exchange Commission (SEC).

“You’ll hear this line, ‘Well we’re just doing for horse racing what Congress has already done for the financial-services industry, that there’s this self-regulatory industry organization and the SEC will oversee them and it’s the exact same model,’” he said. “It is not the exact same model.

“Everybody who is licensed by FINRA gets to vote as to who sits on the board. HISA, the Authority, is a self-perpetuating oligarchy. They pick themselves and they pick their successors. Does anybody in this room think if there were an open election … on who would sit on the board of HISA, that we’d have the same board we have today? Not going to happen. The second big difference is that if enough people didn’t like FINRA, the law allows them to set up their own alternative.”

Another difference, Suhr said, is that the SEC is composed of experts in that industry, which is not the case with the FTC and horse racing. “They’re just going to rubber-stamp it,” he said of the rules. “That’s very different from the SEC model, where you have truly independent, truly expert checks and balances on FINRA.”

Duvieilh — who represents the Louisiana HBPA, the Louisiana Racing Commission and others who joined Louisiana and West Virginia in Landry’s lawsuit — said of HISA: “There are some parts of it that are good. But the bad parts outweigh the good parts, so we have no choice but to pursue what we’re doing. Which hopefully someday will get us to the table. We have to get in there and have a voice. And if we don’t, we’re going to get run over.”

Alternatives to HISA: Compacts, master cooperative agreements

A Tuesday afternoon panel offered concepts that could lead to uniformity without vesting so much control and power in one entity and still utilizing the existing racing commissions.

“As we all look through a different lens now, something has to be established for uniformity,” said National HBPA CEO Eric Hamelback. “We want to make it constitutional and we want to make sure the right participants are helping to make the decisions. I see it as the right participants are in this room…. We want uniformity based on science. We want it based on peer-reviewed research. We feel the way the (HISA) legislation was drafted, it doesn’t lean toward being based on science. I think there’s a lot of opinion in there.”

How future of Lasix could be determined by an opinion, not science

Mike Tanner, the executive vice president and CEO of the U.S. Trotting Association, provided a stark example of how a decision fundamentally changing the industry could be based on a personal whim and not science.

“We can see in the plain language of the HISA statute that the HISA Authority will prefer arbitrary authority to science in making its decisions,” Tanner read from remarks prepared by USTA President Russell Williams, who was unable to attend. “The study group is given three years to come up with a report that will include recommended changes, if any, to the 48-hour ban. The board of the HISA Authority may modify the ban based on the study report, but only by a unanimous vote. Section 3055(e)(3)(B) goes on to require that the unanimous vote must unanimously adopt the following findings: the modification is warranted, the modification is in the best interests of horse racing, furosemide has no performance enhancing effect on individual horses, and public confidence in the integrity and safety of racing would not be adversely affected by the modification.”

Williams’ remarks continued: “So HISA calls for a study conducted by a group that the HISA Authority puts together, with no requirement of scientific methods or validity. Even so, the study results can be invalidated by the opinion of any one member of the HISA Authority. No explanation is required for this opinion. Nothing, for example, could be more arbitrary than the opinion of one HISA Authority board member about public confidence in racing. It is simple authoritarianism, the opposite of accountability, that sets up a rigged and unscientific study and then, in case the study recommends an exception for furosemide, to provide for a unilateral veto on the basis of any one of four measures. This part of the HISA statute spells out in its own words that science will have no part to play in HISA regulatory decisions. Arbitrary opinion will rule, even if it is the opinion of a single board member.”

Complete text of Williams’ remarks

One alternative path forward is adopting an interstate compact, where states opt-in to agree to the same rules. Ecabert, the National HBPA’s General Counsel, said compacts are “basically a vehicle where states get together and agree to act cooperatively. It allows for responsive and quick resolution.”

Ed Martin, the President and CEO of the ARCI, said a compact could be a workable alternative “so as not to bankrupt an industry by replicating things already in place.

“… ARCI has proposed interstate compacts in the past as a way to avoid the federal government getting into something that has been handled by the states,” he said. “It’s welcome that the HBPA now has interest in this.”

Martin: ‘The Sixth Circuit pretty much diminished HISA (Authority)’

In the Sixth Circuit case’s recent ruling, the appellate court upholding the legality of HISA seemed satisfied that a two-sentence “fix” passed in late December as part of the must-pass omnibus bill addressed constitutional questions by giving more power to the Federal Trade Commission. However, Martin said that ruling comes with a downside for HISA supporters.

“The Sixth Circuit pretty much diminished HISA,” Martin said. “The (Sixth Circuit) court believed the regulator is the FTC. That ruling pretty much said that HISA enforcement action is not final. It’s the FTC that makes it final. The Federal Trade Commission all of a sudden getting a lot of clenbuterol positives is not something that is going to go over very well in the internal staff meetings. So that kind of weakens that whole adjudication, arbitration system that HISA hopes to create for themselves. The other thing I got out of reading that thing is that HISA is just advisory and if you don’t like a rule you can go directly to the FTC.

“… So a lot changed with that decision. I’m not sure the people who originally were trying to create HISA expected that it would not be all-powerful. So now there’s a federal agency with no veterinarians, no experience in equine care and limited exposure to racing that supposedly is in total control.

“… There’s not a racing regulator who is not concerned about how this is going to play out… HISA is learning about how complicated and hard it is to regulate this sport. You can’t sit in an ivory tower and think you’ve got all the answers, because you don’t. Then when you go out and start implementing, you start affecting real-life people. And you start impacting on the economics of an industry that was fragile to begin with in many corners.

“They had a golden opportunity to get federal money to pay for (HISA) and mitigate the cost of it. We made a pitch to say, ‘If you’re going to want to do this, put some money in it. Because the cost of this is going to be prohibitive.’ Whomever lobbied Congress just ignored that, and subsequently should this stand, everyone will pay more.”

“This is not rocket science,” says Texas commission vice chair

Equine veterinarian Connie McNabb — who serves as vice chair of the Texas Racing Commission and who was a career military officer in the U.S. Air Force, Texas Air National Guard and elsewhere — said uniformity could be achieved using existing state structures through master cooperative agreements between federal agencies and states. In the case of the National Guard, the federal government provides funding and equipment to the states, which in turn must meet the same strict standards and a high level of accountability.

“Uniform national standards are also highly attainable by another mechanism,” McNabb said. “Our state statute specifically does not allow us to relinquish our responsibility and control over racing — even though we do agree that national standards, more integrity, all of that is very good. But state control and state sovereignty is not on the table, and doesn’t have to be.

“… Why are we inventing a whole new mechanism, when something has been very well road-tested?… This is not rocket science. It does not have to be an independent group that, as the lawyers put out there, very well might be trampling on our rights under the Constitution.”

“Do we want a higher quality of racing? Do we want greater integrity? You bet. Can we do everything that they’re doing to the same standards with the budget we currently have? No. But we are more than willing and excited to meet that level. But it’s all about resources. And we’ll be as accountable as anybody. If you don’t live up to it, there are consequences, if you do, press on. This does not have to be the creation of a new authority that happens in the dark of night.”

Hamelback: ‘We feel as if it’s an answer everybody will appreciate’

Hamelback, the National HBPA CEO, concluded the session saying there are several Congressmen, “bipartisan and bicameral, that are very interested in a repeal of HISA. But they also are just as interested in moving something forward that is driven from the ground up, utilizing the state commission infrastructure.

“Basically, what we are considering is an example of the federal interstate compact. The suggestion is a board of directors made up of nine individuals, five of them set by the states that have the most racing dates. It doesn’t matter what breed. The members of the compact would then elect the other four.

“From there we’ve also suggested emphatically that there be three scientific advisory committees — one for each major racing breed — and a fourth committee, a safety committee. Looking at some of the same sort of structures that we’ve seen with HISA, we think there is a model there. We have recommended that there be funding from the government, funneled through the United States Department of Agriculture and they be involved with equine research…. The ultimate enforcement, we feel like it still comes from the racing commissions and the structure we have now. We don’t have to reinvent the wheel.”

Meanwhile, litigation continues.

“While people look at us and say, ‘What are you going to do next?’ Ultimately it depends on what happens with the litigation,” Hamelback said. “So for us, we feel as if there’s something there. We feel there is an answer. We feel as if it’s an answer everybody will appreciate because all of the participants in the industry will be involved.”

Sen. Grassley, Rep. Gooden Lead Congressmen Urging FTC to Disapprove HISA Authority Rules

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Five U.S. Senators joined five Congressmen yesterday strongly urging the Federal Trade Commission (FTC) to disapprove the Horseracing Integrity and Safety Act (HISA) proposed Anti-Doping and Medication Control Program Rule that the Horseracing Integrity and Safety Authority (Authority) recently resubmitted. The bipartisan group of lawmakers stated the disapproval from the FTC was necessary to “avoid continued industry-wide confusion and potential inequitable enforcement.”

The FTC already had disapproved the medication control rule on December 12, 2022, until “the legal uncertainty regarding the Act’s constitutionality comes to be resolved,” the commission wrote.

The bicameral letter also strongly encouraged the FTC to clarify that the formerly approved racetrack safety rules are unenforceable at this time because HISA was declared unconstitutional by a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in November.

Signing the letter were Senators Chuck Grassley (R-IA), Joe Manchin (D-WV), Ted Cruz (R-TX), John Kennedy (R-LA), and Joni Ernst (R-IA) and Congressmen Lance Gooden (R-TX), Tom Cole (R- OK), Jake Ellzey (R-TX), Vincente Gonzalez (D-TX), and Andy Biggs (R-AZ).

“I applaud Senator Grassley, Representative Gooden and all their co-signers for asking the FTC to state the obvious: HISA is unconstitutional; therefore, its rules cannot be enforced,” said Eric Hamelback, CEO of the National Horsemen’s Benevolent and Protective Association. “Furthermore, the corporation under HISA is still enforcing the racetrack safety rules, even though, as the Congressmen point out, everyone agrees they were submitted and approved in accordance with a law that was ruled unconstitutional.

“The sheer fact that an amendment was written to ‘fix’ HISA proves without a shadow of doubt that the supporters of HISA supported an unconstitutional bill. This obvious disregard for the law is needlessly causing even more confusion. The wise thing for the HISA corporation to do is to take a self-imposed pause and let the courts sort things out before rushing to impose its will on horsemen.”

On December 29, 2022, Congress passed a so-called “HISA fix” that tweaked the law by giving the FTC limited ability to modify Authority rules. As a result, the Authority resubmitted the medication control rules and issued a public statement saying they are hopeful and optimistic that they will be able to implement them around mid-March.

“This blatantly premature statement caused immense confusion throughout the horseracing industry, and does not take into account that the 5th Circuit’s opinion has not been overturned nor has the Court issued a new opinion,” said Dr. Doug Daniels, President and Chairman of the National HBPA. “The FTC cannot be forced into approving the ADMC based on assumptions made from HISA’s corporation.”

Horse-racing constituents applauded the Senators and Congressmen for strongly expressing their concerns to the FTC.

Said Jon Moss, Executive Director for the Iowa HBPA: “We greatly appreciate Senator Grassley for continuing his support and leading the charge for horsemen and women in Iowa as well as throughout the country.”

Amy Cook, Executive Director for the Texas Racing Commission, praised Rep. Gooden, saying, “We appreciate Rep. Gooden recognizing the wide-ranging statutory conflict that exists in Texas. It is critical for all stakeholders to continue to send the message that regulatory certainty is paramount and therefore new federal rules should not be adopted while there is ongoing litigation related to HISA’s constitutionality.”

Grassley/Gooden bicameral letter to FTC

Louisiana AG Landry to give HBPA Conference keynote address

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(Photo: Jeff Landry, courtesy Louisiana Attorney General’s office)
LEXINGTON, Ky. (Thursday, Jan. 12, 2023) — Louisiana Attorney General Jeff Landry will be the keynote speaker at the National HBPA’s annual conference March 6-10 at the Hotel Monteleone in New Orleans’ historic French Quarter, the horsemen’s organization announced.
The conference, which is hosted by the Louisiana HBPA, will be held in conjunction with the Association of Racing Commissioners International (ARCI) Annual Meeting and Racing Integrity Conference. The National Horsemen’s Benevolent and Protective Association represents about 30,000 thoroughbred owners and trainers. The ARCI is the umbrella organization which exists to assist in the coordination of the collective efforts of its members who are responsible for ensuring compliance with government laws and regulations designed to protect the general public and racing industry participants, including the equine and canine athletes.
Landry will deliver the conference’s keynote address on Tuesday March 7. As Louisiana’s attorney general, he has been at the forefront of states challenging the constitutionality of the Horseracing Integrity and Safety Act (HISA) and the Horseracing Integrity and Safety Authority (Authority) that the law established. In addition to constitutionality issues, Landry has expressed concern for the financial hardship that a largely duplicative bureaucracy will put on large portions of the horse-racing industry. Louisiana has four tracks that conduct horse racing.
“Louisiana Attorney General Jeff Landry embodies the positive vision with the inspiration and passion we seek in a keynote speaker,” said Eric Hamelback, the National HBPA’s CEO. “He has proven to be a strong advocate for horsemen and women who understands our labor-intensive industry with its substantial agribusiness, not only in Louisiana but throughout the country. He believes in a bright and better future for horse racing, and refuses to let us be trampled by special interests.”
“I am honored to be chosen the keynote speaker at the National HBPA Conference, and I look forward to visiting with so many who ply their trade in such a great industry,” said Landry, a decorated Army veteran. “I will continue fighting for them to prevent the federal government from taking over horse racing.”
The HBPA and ARCI will share panel discussions and presentations during their overlapping conferences while staging their business sessions separately. HISA will be the focus.
“Within horse racing right now, the obvious overarching topic is the Horseracing Integrity and Safety Act,” said National HBPA President Dr. Doug Daniels, an equine veterinarian and racehorse owner/breeder. “Even as the challenges of its unlawfulness proceed and many in the industry fight back against the lack of transparency and overwhelming cost, we must understand portions of HISA are the law of the land everywhere but in the Fifth Circuit. Our goal in joining with Association of Racing Commissioners International at our conference is to provide a forum for frank discussions on where we are, where we’re headed, how we navigate an admittedly flawed law and process, and how everything should look after the court decisions are settled.”
One key panel could be called “what’s next?,” addressing alternative legislation to HISA and other options for a path forward for the industry. Panelists will include ARCI President Ed Martin and Amy Cook, the executive director of the Texas Racing Commission.
“A major part of the conference will be focused on laying out the issues with HISA and also how the industry can move forward,” Hamelback said. “We strongly believe there are more effective means that are constitutional. We also believe bringing the leadership of all stakeholders to the table will provide positive change that improves our industry without jeopardizing the financial health of smaller racetracks and racing stables.”
The meeting of the ARCI’s model rules committee will be open for both groups to attend. The ARCI model rules — developed with input from industry stake-holders while seeking scientific guidance and identifying best practices — are the blue print many racing commissions use for their state regulations.
Other joint sessions include a HISA litigation update, equine welfare with a focus on aftercare and scientific developments, fixed odds in horse racing and a trainers’ panel featuring Louisiana HBPA board members Bret Calhoun and Ron Faucheux and Kentucky HBPA board member Jason Barkley.
The HBPA programming will also include the annual Kent Stirling Memorial Medication Panel, which this year will delve into laboratories’ “limits of detection” and how it affects drug testing in horse racing.
The conclave kicks off with a reception on Monday March 6, followed by three days of panel discussions, presentations and meetings and an outing at the Fair Grounds for racing on Thursday March 9. The full HBPA board will meet Friday March 10 to close out the proceedings.
“The National HBPA Conference has become one of the most informative and newsworthy annual meetings on the racing calendar,” Hamelback said. “But it wouldn’t be possible without our corporate and conference sponsors. The Louisiana HBPA has gone out of its way to make the 2023 conference even more memorable.”
More information and registration is available at nationalhbpa.com/convention.

LEGISLATIVE ALERT: Call and Email your Senators right away to vote “Yes” for the Grassley Amendment

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Within the last few hours, Senator Chuck Grassley (R-IA) introduced the attached Amendment to strip references to the Horseracing Integrity and Safety Act (HISA) from the 4,000-page omnibus spending bill being considered this week in Congress. In response, we are releasing the following call to action: National Horsemen’s Benevolent and Protective Association CEO Eric Hamelback released the following statement.

 

“I want to praise Senator Grassley for his bold move to protect horsemen in Iowa and throughout the U.S. An amendment to HISA should not have been written in the dark of night and has no place in the 4,000+-page spending bill. You cannot fix a constitutionally flawed law with one sentence. The Grassley Amendment will ensure that real, working horsemen are listened to on how to fix the law that regulates their industry. The Grassley Amendment is picking up steam, and I urge all horsemen to call and email their Senators right away to vote “Yes” for the Grassley amendment.”

 

We need everyone to post and share this information as soon as possible.  We are working with the Kentucky HBPA to send a call-to-action email as well.

 

Please help spread this very important message as soon as possible and then contact your Senators to relay you want them to vote yes on the Grassley amendment.

 

Eric J. Hamelback

CEO, The National HBPA

3380 Paris Pike

KY Training Center

Lexington, KY 40511

859-707-1452 Cell

859-259-0451 Office

 

H. R. 2617: To amend section 1115 of title 31

 

Contact information for the U.S. Senators from Louisiana is:

Senator John Kennedy
https://www.kennedy.senate.gov/public/
416 Russell Senate Office Building
Washington, DC 20510
Office number 202-224-4623

Senator Bill Cassidy
https://www.cassidy.senate.gov/
520 Hart Senate Office Building
Washington, DC 20510
Office number 202-224-5824

Fair Grounds Opens Friday for 80-day Stakes-Laden Meet

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Purses up, takeout down as famed connections return with Kentucky Derby dreams

New Orleans, LA (November 14, 2022)—The nation’s third oldest racetrack, Fair Grounds Race Course & Slots is set to open for the 151st meet on Friday, Nov 18. Two racing days kick things off and post time will be 3 p.m. (all times Central) on Friday and 1:15 p.m. on Saturday. Opening weekend of the 80-day Thoroughbred meet includes the inaugural running of six stakes written for Louisiana-breds, serving as preps for Louisiana Champions Day on Dec 10.

The meet will feature 65 stakes worth a combined $8.5 million, up more than $700,000 from last season. Working with the Louisiana Thoroughbred Breeders Association and Horsemen’s Benevolent and Protective Association, Fair Grounds’ racing office created 12 new stakes peppered throughout the schedule, making it the richest program ever offered in Louisiana.

Christmas comes early for horseplayers as Fair Grounds has announced takeout will be lowered to 15% for the Pick 5. Also, a non-jackpot $1 Pick 6, also with a low 15% take,  has been added to the wagering menu. Everyone will get to see the payouts light up the new toteboard in the infield.

The progression of the Road to Kentucky Derby presented by Woodford Reserve prep races continues to attract top connections. Beginning with the $100,000 Gun Runner (Dec 26) for 2-year-olds going 1 1/16 miles, the Grade 3 $200,000 Lecomte (Jan 21) stays at that same distance, then the Grade 2 $400,000 Risen Star (Feb 19) stretches out to 1 1/8 miles. It all culminates in the 1 3/16 miles Grade 2 $1,000,000 Twinspires.com Louisiana Derby (March 25).

Fair Grounds has become the sport’s destination for 3-year-olds on the Kentucky Derby trail. 3-year-olds running in these races have had phenomenal success in the “Run for the Roses.” Country House won in 2019, Mandaloun won in 2021, and Epicenter finished second in 2022 Further than that, the 2022 Kentucky Derby trifecta and four of the top six finishers of 2021 all traveled through Fair Grounds’ Derby preps.

Much of the excitement around the Derby prep races extends from the presence of perennial powerhouses Steve Asmussen and Brad Cox who will be back for 2022 – 2023. Dating back to 1994, Asmussen has won 1081 races at Fair Grounds, including last year’s Gun Runner, Risen Star, and Louisiana Derby with Epicenter, and the Fair Grounds Oaks with Echo Zulu. North America’s all-time leading trainer, Asmussen’s historic 10,000th career win will likely come during the meet.

Cox finished second in the 2021 – 2022 trainer standings but he earned the crown four years in a row starting in 2016. Last year’s string of 3-year-olds included Grade 2 $300,000 Rachel Alexandra-winner Turnerloose, as well as Kentucky Derby-runners Cyberknife, Tawny Port, and Zozos.

“We are very much looking forward to welcoming our horsemen back for our 151st season at this historic racetrack,” said Racing Secretary Scott Jones. “Fair Grounds has proven to be one of the premier winter racing destinations. Once again last year, the quality of horses who stabled or came through New Orleans made a huge impact in premier races all over the country.”

Titan trainers Tom Amoss, Al Stall Jr., Bret Calhoun, Dallas Stewart, Greg Foley, and Michael Stidham all return with packed barns of stakes-caliber Thoroughbreds.

A new addition to the backside is Ken McPeek. McPeek shipped in Smile Happy and Rattle N Roll to last year’s Derby preps. With a win in the Preakness and the Belmont under his belt, he is still on the hunt for his first Kentucky Derby winner.

Beyond Kenneth McPeek, new barns include 2022 Derby-runner Barber Road’s trainer John Ortiz, Brian Williamson and Mike Tomlinson. Robertino Diodoro will have a larger presence than last year, as will Norm Casse, and Chris Davis returns following a year in Florida.

“The owners, the trainers, the jockey colony, the backside workers–there’s something special about Fair Grounds that extends from the heritage of horse racing in Louisiana,” said Racing Director Jason Boulet. “With the new tote board, the increased purses, the high profile connections and the best of the esteemed Louisiana-bred program, we are thrilled for what’s in store for our 151st year.”

Week two of racing picks back up on Thanksgiving, a well-celebrated New Orleans tradition,  with a noon starting time on a card that features the 98th running of the Thanksgiving Classic, last year won by Just Might, the winning-most stakes horse in North America in 2021. His trainer Michelle Lovell will be back after winning 9 races at a 21% clip last season.

Coming off back-to-back trainer and jockey titles, all connections will be targeting Ron Faucheux and James Graham. Faucheux consistently excels at Fair Grounds, and sitting at 283 local wins, the barn will assuredly surpass 300 this meet. No active jockey comes close to James Graham’s career 1283 wins at Fair Grounds, but there are three new yet familiar additions to this year’s colony who have had their lion’s share of success.

Famed pilot of Gun Runner, Monomoy Girl, The Pizza Man, and 2021 Derby-winner Mandaloun, Florent Geroux returns to Fair Grounds seeking his next world-traveling, grade-one winning mount. With two riding titles and a 22% career win rate at Fair Grounds, Geroux will be back looking to pick up where he left off in 2020 – 2021.

Hailing from the Lafayette area, Fair Grounds welcomes home Louisiana-natives Corey Lanerie and Jamie Theriot. With 5 top 5 finishes in the jockey standings, Lanerie will get live mounts. Winner of the 2007 – 2008 jockey title but absent from racing since 2018, Theriot will be donned “The Comeback Kid” as he battles to earn a seat aboard his next Breeders’ Cup winner, having ridden two for Bret Calhoun in 2010.

Other newcomers to the colony include David Cohen who rode last winter at Oaklawn Park. Coming off a successful year riding in Kentucky where he got first call on a lot of Tom Amoss horses, Edgar Morales moves his tack back south, where he rode three meets between 2017 – 2020.

Ready and waiting will be Rey Gutierrez and Jareth Loveberry who both finished in the top 10 their first season at Fair Grounds. In May career win 6,000 came for Deshawn Parker, and he’ll be back for his second local meet after riding 40 to the finish line first last year. The 2018 – 2019 title-winner Adam Beschizza, brothers Brain Hernandez Jr. and Colby Hernandez, and “Mighty” Mitchell Murrill will each vie for a spot in the top 10 of an accomplished jockey colony.

Evelyn Benoit’s ​​Brittlyn Stable ran away with the 2021 – 2022 owner’s title with every one of her 22 winners being sired by Star Guitar, the all-time leading money earner among Louisiana-breds. The trainer behind those wins, Jose Camejo, returns with many of the same formful LA-breds.

When not playing the races live at Fair Grounds, fans can enjoy the spoils of one of our 15 statewide Off Track Betting facilities, or play the races through mobile devices at Twin Spires. The official wagering service of the Kentucky Derby will also entice fans with ongoing promotional offers to potentially help pad their wagering accounts. Don’t forget to opt in!

Fair Grounds will also team with Horse Racing Nation to provide unique horseplayer content and in depth coverage. Both the Louisiana and Muniz Stakes are presented by Horse Racing Nation.

The 80-day, 2022-2023 Fair Grounds racing season runs through Sunday, March 26. Regular post time will be 1:15 p.m., but there will be an earlier noon first post on Thanksgiving Day (Nov 24), Louisiana Champions Day (Dec 10), Road to the Derby Kickoff Day (Dec 26), Road to the Derby Day presented by Hotel Monteleone (Jan 21), Louisiana Derby Preview Day presented by Lamarque Ford-Lincoln (Feb 18), and Louisiana Derby Day (March 25). A complete list of the racing days and stakes schedule can be found here: https://www.fairgroundsracecourse.com/wp-content/uploads/2022/08/FGNO-42861_22-23-ThoroughbredRacingSched.PocketGuide-8.5×11-WEB_V4-HR.pdf.

 

Texas Congressman Introduces Legislation to Delay HISA

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HISA is responsible for creating and implementing uniform safety and integrity rules.

Rep. Lance Gooden, a Texas Republican, introduced legislation Oct. 4 in the United States House of Representatives that would delay the implementation of the Horseracing Integrity and Safety Act until Jan. 1, 2024, according to a release distributed by the National Horsemen’s Benevolent and Protective Association.

Some portions of the federal program created by the Act took effect in July, including the Racetrack Safety Program. HISA’s Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control Program is scheduled for implementation Jan. 1, 2023.

Groups from Texas and from a handful of other states are among those challenging the legality of HISA in court. Rulings from judges involved in separate legal cases are anticipated in the coming weeks or months.

 

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Fair Grounds Announces Twelve New Stakes and Earlier Opening Day for the 2022-23 Thoroughbred Racing Season

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2022-23 STAKES SCHEDULE jumps to $8.5 MILLION,

the richest in Louisiana’s history

 

NEW ORLEANS (Tuesday, August 30, 2021) – Fair Grounds Race Course & Slots has announced that 65 stakes worth a combined $8.5 million, up more than $700,000 from last season, will be offered during the 80-day, 2022-23 Thoroughbred meet. In each of the 13 unrestricted, non-graded stakes, purses have been increased by $25,000. In addition, twelve new Louisiana-bred stakes have been added to the schedule, including six over the first two days of the meet.

“We worked with the Louisiana Thoroughbred Breeders Association and Horsemen’s Benevolent and Protective Association to come up with these new stakes,” said Fair Grounds’ racing secretary Scott Jones. “We’re proud to have worked together for the betterment of our sport to create not only the best stakes schedule, but also the richest program we’ve ever offered in the state.”

The traditional Thanksgiving opening will give way to an earlier start to the meet, with opening day slated for Friday, November 18. Six inaugural $75,000 Louisiana-bred stakes will be run over the dirt course on the season’s first two days. Fillies and mares take center stage on Friday in the Happy Ticket Stakes (6 furlongs) and the Big World Stakes (1 mile & 70 yards), both for 3-year-olds and up. The Donovan L. Ferguson Memorial Stakes, a 5 1/2 furlong event for 2-year-olds, will also be carded on opening day. Saturday’s trio of stakes are a mirror-image in terms of age, distance and surface, but these open Louisiana-bred events are highlighted by a 6-furlong dirt sprint named in honor of Ivery Sisters Racing’s multiple stakes winning, fan favorite Monte Man, who retired from racing last year at age nine.

“Coming off a very successful 150th anniversary season we can’t wait to welcome fans back to experience the best winter racing in New Orleans starting in November,” said Fair Grounds Race Course & Slots’ president Doug Shipley. “We have made significant investments at the track which includes our new $1.5 million dollar state-of-the-art Tote board. The new board is one of the best in the country and provides an unparalleled experience. While our season will officially begin on November 18th we will still have our Thanksgiving day celebration that has become a staple for the residents of New Orleans. “

Louisiana Derby Day is scheduled for Saturday, March 25, and it will card eight stakes worth a total of $2.6 million. Run at 1 3/16 miles for the third time last year, the Twinspires.com $1,000,000 Louisiana Derby (G2) is traditionally worth 100-40-20-10 points to the top four finishers on the Road to the Kentucky Derby presented by Woodford Reserve (G1). The strong infusion of our sport’s top 3-year-olds training and racing at Fair Grounds was never more apparent than it was last season. Winchell Thoroughbreds’ Epicenter, who won the Gun Runner, Risen Star (G2) and Louisiana Derby (G2) at Fair Grounds in 2021-22, would later run second in both the Kentucky Derby (G1) and Preakness (G1) in advance of victories in both the Jim Dandy (G2) and Travers (G1) at Saratoga. Haskell (G1) winner Cyberknife, Jim Dandy runner-up Zandon, who finished third in the Kentucky Derby and Travers, Ohio Derby-winner Tawny Port, and the 148th Kentucky Derby winner Rich Strike also participated in Fair Grounds’ 2021-22 Road to the Derby series.

Run at 1 1/16 miles, the Grade 2 $400,000 Twinspires.com Fair Grounds Oaks awards 100-40-20-10 points en route to the Longines Kentucky Oaks (G1). Last year’s winner Echo Zulu, who was Champion 2-year-old of 2021, finished fourth in the Kentucky Oaks. Second and fourth-place finishers Hidden Connection and Turnerloose also competed in the Run for the Lillies.

“Fair Grounds has proven to be one of the premier winter racing destinations,” Jones said. “Once again last year, the quality of horses who stabled or came through New Orleans have made a huge impact in premier stakes races all over the country. Beginning with the Gun Runner and the Untapable for late season juveniles, our progressive schedule of 3-year-old races for both the boys and girls gives horsemen even more opportunity to develop their horses and compete for excellent purses.”

A pair of high-impact, nine furlong stakes for older horses are also scheduled on the Louisiana Derby Day program — the $500,000 New Orleans Classic (G2) on dirt and the $300,000 Muniz Memorial Stakes (G2) on turf. Four undercard stakes, each worth $125,000, are slated for the lucrative card, including the Tom Benson Memorial for older fillies and mares at 1 1/16 miles on grass and a trio of Louisiana-bred events – the Costa Rising Stakes, a 5 1/2-furlong turf sprint, the Crescent City Derby for 3-year-old males at 1 1/16 miles and the Crescent City Oaks for females at 1 mile and 70 yards. The purses for each of those stakes has been raised $25,000.

After 2021’s successful debut, the Road to the Derby Kickoff Day will keep the same December 26 date, but will card nine stakes, up three from last year. From top to bottom last year’s 13-race card was a holiday feast, featuring Cyberknife breaking his maiden, and the 148th Kentucky Derby exacta, Rich Strike and Epicenter, both participating in the Gun Runner. A pair of 2-year-old stakes with Kentucky Derby and Oaks point implications (10-4-2-1) highlight the 9-stakes race card: the $100,000 Gun Runner contested at 1 1/16ths miles and the 1 mile 70 yards $100,000 Untapable for fillies.

Two long standing juvenile 6-furlong sprint stakes have been moved to the December 26 card, the Sugar Bowl and the Letellier Memorial for fillies.  The 1 mile 70 yards Joseph E. “Spanky” Broussard Memorial Stakes for fillies and mares shifts to this date as well to pair with the Tenacious Stakes at 1 1/16 miles, both for 3-year olds and up. Also for older horses, the Buddy Diliberto Stakes at 1 1/16 miles on turf, the Blushing K.D. for fillies and mares at 1 1/16 miles on turf, and the Richie Scherer Memorial at 5 1/2 furlongs on turf. All nine races will be run for $100,000, which is a $25,000 boost for the Sugar Bowl, Letellier, Broussard, Diliberto, Blushing K.D., and Scherer.

On January 21, Road to the Derby Day features a pair of key 3-year-old events — the $200,000 Lecomte Stakes (G3) which was extended from one mile to 1 1/16 miles three years ago, and the $150,000 Silverbulletday Stakes for fillies at 1 mile and 70 yards. The top four finishers in each race receive 10-4-2-1 points on the Road to the Kentucky Derby and Oaks respectively.

Four stakes for older horses will also be presented on the January 21 program, including the $150,000 Louisiana Stakes (G3) run at 1 1/16 miles, the $100,000 Colonel E.R. Bradley Stakes at 1 1/16 miles over the Stall-Wilson Turf Course, the $100,000 Duncan F. Kenner Stakes at 5 1/2 furlongs on the turf and the $100,000 Marie G. Krantz Memorial Stakes for fillies and mares at 1 1/16 miles on grass.

On February 18, Louisiana Derby Preview Day features a pair of key 3-year-old stakes — the $400,000 Risen Star Stakes (G2), which was extended from 1 1/16 to 1 1/8 miles three years ago, and the $300,000 Rachel Alexandra Stakes presented by Fasig-Tipton (G2), for fillies to be contested over 1 1/16 miles. The top four finishers receive 50-20-10-5 points on the Road to the Kentucky Derby and Oaks respectively. The Rachel Alexandra has produced two of the last five Kentucky Oaks winners in Monomoy Girl and Serengeti Empress and 2014 victress Untapable also took down the Run for the Lilies.

Four stakes for older horses will also be presented on the February 18 program — the $250,000 Mineshaft Stakes (G3) at 1 1/16 miles, the $150,000 Fair Grounds Stakes (G3) at nine furlongs on turf, the $100,000 Colonel Power Stakes at 5 1/2 furlongs on turf and the $100,000 Albert M. Stall Memorial Stakes for fillies and mares at 1 1/16 miles on turf.

Louisiana Champions Day presented by Acadian Ambulance will be held on December 10. With the races run in various divisions over a variety of distances on both dirt and turf, the program features nine stakes restricted to Louisiana-breds. Each Louisiana Champions Day stakes is worth $100,000 with the exception of the $150,000 Louisiana Champions Day Classic and the two new additions – the $50,000 Louisiana Champions Day Starter and $50,000 Louisiana Champions Day Ladies Starter, both of which will be run at 5 1/2 furlongs for 3-year-olds and up.

“This isn’t the first time we’ve started early,”  Scott Jones said. “It means less five-day weeks for us during the entirety of the meet and gives us the opportunity to run multiple preps for Louisiana Champions Day on December 10. Starting on Thanksgiving only gave us 16 days to Champions Day. In this day and age it’s just not enough time. Of course we will still have the Thanksgiving Classic, a fantastic day of racing, and a festive crowd, as is the New Orleans tradition.”

Three other stakes will make their debut in 2023, most notably on January 7 the $75,000 Gary P. Palmisano Memorial Stakes. Paired with the $75,000 Bob F. Wright Memorial Stakes for fillies and mares, both 6-furlong dirt sprints are for 4-year-olds and up. A longtime Louisiana trainer and most recently the paddock judge at Fair Grounds, Gary Palmisano, Sr., who passed away last December, was a beloved member of the local racing community.

Also added to the Fair Grounds’ stakes program are the $75,000 Louisiana Stallion of the Year Half Ours Stakes at 1 mile 70 yards and the $75,000 Louisiana Broodmare of the Year Buttercup’s Song Stakes at one mile – both written for 3-year-old Louisiana-breds and named for two of the great producing influences in Louisiana’s breeding history. Half Ours sired 22 stakes winners, but his reign came to an untimely end after a freak paddock accident in July of 2021. With twelve foals and nine starters, the earnings of Buttercup’s Song’s foals totaled $1,721,518, highlighted by Pound for Pound and the graded-stakes winner Flatlined. Those stakes will be contested on February 25.

The 80-day, 2022-2023 Fair Grounds racing season runs through Sunday, March 26. Regular post time will be 1:05 p.m. CT, but opening day post time is 3:00 p.m. CT. There will be an earlier noon CT first post on Thanksgiving Day (Nov. 24), Louisiana Champions Day (Dec. 10), Road to the Derby Kickoff Day (Dec. 26), Road to the Derby Day (Jan. 21) Louisiana Derby Preview Day (Feb. 18), and Louisiana Derby Day (March 25).

Fourteen HBPA Affiliates, Four Tracks Seek To Join HISA Lawsuit

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by Paulick Report Staff

 

An alliance of 14 affiliates of the Horsemen’s Benevolent and Protective Association and four racetracks are seeking protection from the alleged harms of the Horseracing Integrity and Safety Act Authority (HISA). They are asking a federal judge to allow them to participate in an existing lawsuit that claims HISA and the Federal Trade Commission (FTC) violated the Fourth and Seventh Amendments to the U.S. Constitution as well as the process by which federal agencies develop and issue regulations, T. D. Thornton of Thoroughbred Daily News reports.

The HBPA affiliates and the tracks on Friday filed a “motion to intervene” in United States District Court (Western District of Louisiana). If accepted by the judge, it would grant the petitioners status in the case alongside the lead plaintiffs from the states of Louisiana and West Virginia.

The HBPA affiliates seeking to join the lawsuit are Arizona, Arkansas, Illinois, Iowa, Indiana, Kentucky, Minnesota, Nebraska, Ohio, Oklahoma, Pennsylvania, Washington, Charles Town, and Tampa Bay Downs. The Colorado Horse Racing Association, the state’s statutorily recognized horsemen’s group, also wants to be an intervenor.

 

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Challenge to HISA Denied by Ruling in Texas Case

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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.

 

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