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HISA, FTC Seek Stay Of Federal Judge’s Injunction Blocking HISA In Louisiana, West Virginia

The Horseracing Integrity and Safety Authority and the Federal Trade Commission have each filed emergency motions seeking stays of a federal judge’s injunction effectively blocking the Authority from enforcing its regulations in the states of Louisiana and West Virginia.

The motions were filed in the U.S. Court of Appeals for the Fifth Circuit in New Orleans.

The injunction, ordered July 26 by Judge Terry A. Doughty in U.S. District Court for the Western District of Louisiana, Lafayette Division, was in conjunction with a lawsuit filed against the FTC, HISA and its board members and CEO by the states of Louisiana and West Virginia, their respective racing commissions, Jockeys’ Guild, Inc., Louisiana Horsemen’s Benevolent and Protective Association, Louisiana Thoroughbred Breeders Association and five individuals.

 

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Attorney General Landry Leads Lawsuit Against Federal Takeover Of Horse Racing

Thursday, June 30, 2022

 

Thursday, June 30, 2022

Attorney General Landry Leads Lawsuit Against Federal Takeover Of Horse Racing

BATON ROUGE, LA – Today the State of Louisiana, the State of West Virginia, the Louisiana Racing Commission, the Louisiana Horseman’s Benevolent and Protective Association, the Jockeys’ Guild, owners, trainers, and jockeys filed suit in the Western District of Louisiana asking the Court to enjoin the implementation of the Horseracing Integrity and Safety Authority’s regulations. HISA – the Horseracing Integrity and Safety Act, was passed December 22, 2020, in the dark of night and tucked into the COVID relief package is an attempt to federalize horse racing, an industry the State of Louisiana has regulated for two centuries.

“HISA has created a regulatory scheme that is, at best, half-baked and harmful to everyone in the industry it purports to exist to protect and at worst unconstitutional,” said Attorney General Jeff Landry. “We all agree integrity and safety in horseracing is of paramount importance. And while no industry is without problems, Louisiana and West Virginia, among other states, have always strictly and effectively regulated it. I firmly believe the people of Louisiana should be in control of this activity, not political and corporate elites in some faraway place, all because of a problem that surfaced in California. Having a London lawyer, Jonathan Young, as the head of HISA’s ADMC Enforcement Agency and a Bavarian Investigator, Gunter Younger, regulating Louisiana horseman over five thousand miles away is unacceptable.”

The HISA law 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 entity has only nominal oversight by the Federal Trade Commission. This newly-created private corporation then began to issue regulations, on which the FTC permitted, allowing very little time for public comment, leaving those that actually labor under them with little input or voice. In short, the entire way this law and the regulations associated with it came about shows a reckless disregard for the industry participants and a correspondingly reckless disregard for the impact to our states. Not just for Louisiana, but for all states that engage in horseracing. The regulations are unclear, inconsistent, and violate due process. It is apparent that the HISA is shifting its own lack of preparedness to the industry and the states.

Congress recklessly set up this massive regulatory scheme that is onerous and unfair to everyone. Then, adding insult to injury, it is taxing the people who work the hardest and receive the least to pay for it while showing no interest in the safety of the sport’s most at-risk participant – the thoroughbred jockey. The Jockey Guild, which represents an entire industry of dedicated men and women at the very heart of this industry and for whom rider safety is paramount, has expressed its concerns about the reckless implementation of this law, but its comments were ignored.

This suit clearly shows that HISA is not prepared to assume control or supervision over racing. For example, HISA proposed a registration rule that also requires covered persons to be registered by July 1 and accredited by HISA. However, “covered persons” and the definition of “accredited” are unclear to just about everyone. Making matters even worse, the FTC posted its apparent approval of yet another set of rules at 8 p.m. last night, June 30, injecting even more confusion.

Fair Grounds Not Definite on Dates Reduction

By T. D. Thornton

Jason Boulet, the Fair Grounds director of racing, was repeatedly pressed by Louisiana State Racing Commission (LSRC) member Tom Calvert Tuesday about whether or not his track would once again seek a statutory change to reduce its required number of race dates from 80 to 75 when the state legislature convenes its 2022 session Mar. 14.

The exchange did not yield a definitive answer beyond Boulet’s disclosure that the Fair Grounds and its corporate parent, the gaming firm Churchill Downs, Inc. (CDI), would be in favor of participating in discussions among stakeholders that might reduce race dates in Louisiana with the goal of making it easier to fill entries at the state’s four Thoroughbred tracks.

The dates statute wasn’t on the agenda for the Jan. 18 LSRC meeting. But Calvert brought it up after Boulet reported that so far through the November-through-March meet, the number of starters per Fair Grounds race has dipped from 8.3 to 7.6 in a year-over-year comparison, a decrease Boulet termed “alarming.”

 

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NHBPA, State Horsemen’s Groups File Suit To Halt HISA; Jockey Club ‘Confident Law Is Constitutionally Sound And Legal’

by

 

The National Horsemen’s Benevolent and Protective Association, together with state affiliates in Arizona, Arkansas, Indiana, Illinois, Louisiana, Nebraska, Oklahoma, Oregon, Pennsylvania, Washington and West Virginia (Mountaineer) have filed a federal civil suit in an attempt to put the brakes on the Horseracing Integrity and Safety Act (HISA). The suit, filed in the U.S. District Court for the Northern District of Texas, names the Federal Trade Commission and several of its employees, as well as the people tasked with forming the Nominating Committee for the new federal authority.

The suit seeks to have HISA and a number of its elements declared unconstitutional, to enjoin defendants from taking any action to implement HISA, as well as nominal damages of $1 and compensatory damages of any fees charged to horsemen by the new authority.

The lawsuit is being handled by The Liberty Justice Center, a non-profit legal center “that represents clients at no charge and was founded to fight against political privilege,” according to its press release about the case.

 

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Clear Creek Stud Offers Scholarship

With an eye toward the future of our industry, Clear Creek Stud will be making a $5000 Scholarship Donation in the name of their clients to a student with Louisiana based connections to the Thoroughbred and Quarter Horse Breeding and Racing Industry.

 

The scholarship recipient will be chosen by the Louisiana Horsemen’s Benevolent and Protective Association (LaHBPA) and based on their opinion and evaluation of need and merit.

 

Interested students should send a letter and resume to Eddie Fenasci at the La.H.B.P.A. office by January 31, 2021. Letters can be mailed to La.H.B.P.A. attention to Eddie Fenasci 1535 Gentilly Blvd. New Orleans, La. 70119 or email to efenasci@lahbpa.org.

 

The recipient will be named by March 20, 2021 at the New Orleans Fair Grounds.

 

Judge Sides With Louisiana Horsemen, Allows Training

Barring further legal action, training four days a week begins April 13.

The Louisiana Horsemen’s Benevolent and Protective Association announced April 9 that Louisiana District Court Judge Sharon Wilson has dissolved a temporary restraining order obtained by Boyd Gaming that resulted in no racehorse training at some state tracks.

Boyd Gaming, which owns Evangeline Downs and Delta Downs in Louisiana, had been allowing stabling at its facilities but not training, citing health concerns related to COVID-19 for staff, among other reasons. Louisiana Downs, owned by Harrah’s, another gaming company, also prohibited training recently.

Under the terms of the court decision and barring further legal action, training on a four-days-a-week basis begins April 13, said Benard Chatters, the president of the Louisiana HBPA and a trainer at Evangeline Downs in Opelousas, La. He estimated there are 500 horses stabled there who have been limited to walking since mid-March.

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LOUISIANA HBPA PARTNERS WITH FAIR GROUNDS TO RAISE FUNDS FOR RACE HORSE AFTERCARE

Fair Grounds matching funds contributed by horse owners

 

 NEW ORLEANS, LA (February 2, 2020) – The Louisiana Horsemen’s Benevolent and Protective Association (LAHBPA) and Fair Grounds Race Course & Slots (Fair Grounds) have united to partner in an initiative that will expand efforts made by parent company Churchill Downs, Inc. to financially support race horse aftercare.

For the entirety of the Fair Grounds’ 2019-2020 Thoroughbred racing season (Nov. 28 thru March 29), consenting Louisiana HBPA member owners have contributed $5 per starter to race horse aftercare. At the conclusion of the meet, the track will then match that dollar amount. Efforts made during the Fair Grounds’ 12th annual, ten-day summer Quarter Horse Race season resulted in a total race horse aftercare donation of $6,580.

Each year, thousands of racehorses are retired from racing. Many go directly on to second careers as stallions or broodmares while others are retired to organizations that work towards finding new homes and other types of second careers for retired racehorses. This fund-raising effort is geared toward financially supporting groups such as these.

“The Louisiana HBPA thanks Fair Grounds for matching our members’ donations to help with horse aftercare,” said Edwin Fenasci, executive director of the LAHBPA. “Our members care deeply for our equine athletes and want to help find a place for them after their racing career. The LAHBPA has provided financial grants to great charitable organizations like NTWO and New Vocations. Their efforts in Louisiana have been transformative and we look forward to their continued good work. Fair Grounds matching those funds is vital for the success of aftercare in Louisiana and shows their commitment to help this great effort.”

The NTWO works to place Thoroughbreds in the hands of sport horse trainers and owners. They pull from all available resources to be a comprehensive welfare organization that protects racing’s greatest asset, the horse, for the overall benefit of the sport.

New Vocations Racehorse Adoption Program was founded in 1992 to offer retiring racehorses a safe-haven, rehabilitation, and continued education through placement in experienced, caring homes. Their focus is on adoption versus retirement, believing that each horse deserves to have an individual home and purpose.

New Vocations currently has locations in five different states: Ohio, Kentucky, Pennsylvania, New York and Louisiana.

“Fair Grounds is proud to be a part of such a worthwhile and supportive funding mechanism that will add resources to assist retired racehorses” said Doug Shipley, president of Fair Grounds Race Course and Slots. “We look forward to working with all of our industry participants and organizations to continue to make a difference.”

New Vocations to Open Satellite Facility in Louisiana

March 28, 2019 – LEXINGTON, KY – New Vocations Racehorse Adoption Program announced they have expanded their efforts by opening a satellite facility in Covington, Louisiana. The new facility will focus solely on taking in horses retiring from one of the four Louisiana racetracks as well as training centers and farms within the state.

Last November former jockey Rosie Napravnik initiated talks with both New Vocations and the Louisiana HBPA, expressing her concern for the need to create more aftercare options for retired racehorses in the state. Those talks lead to what will now be the New Vocations Louisiana facility located at the Equi-Best Equestrian Center.

To date the expansion has been well received and supported by both the industry and an outside granting source. Napravnik will be spreading awareness and seeking further funding to ensure the facility is sustainable long term. The New Vocations Louisiana facility is open and has already taken in a handful of horses. Anyone interested in learning more about the program or donating a horse should visit www.newvocations.org or call 859-252-9574.

Founded in 1992, New Vocations is the largest racehorse adoption charity in the country. Its mission to rehabilitate, retrain and rehome retired racehorses has led to the placement of nearly 7,000 individuals, with almost 500 retirees served by the program each year. With six facilities in Kentucky, New York, Ohio and Pennsylvania, New Vocations serves over 40 racetracks, working directly with owners and trainers in need of equine aftercare options. To learn more about the program visit newvocations.org.

House Bill 833 Amended. Horsemen’s Funds Remain Intact

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LTBA Contact:
Roger Heitzmann
(504) 947-4676
roger@louisianabred.com

May 3, 2018

LTBA Legislative Update:  House Bill 833

House Bill 833 Amended. Horsemen’s Funds Remain Intact

House Bill 833 was presented to the Louisiana House Appropriations Committee Tuesday, May 1. The bill was amended so that any horsemens funds that may have been affected by this bill are safe. Many thanks to all who contacted members of the House Appropriations  Committee. Your involvement has made all the difference! This has been a real work of cooperation between members of the LTBA, LQHBA, and LaHBPA, proving that when we join forces we all benefit.

 

 

For more information, please call 1-800-772-1195 or visit louisianabred.com.

Delta Jackpot Will Not Be Renewed in 2018

By Bill Finley

The $1 million GIII Delta Jackpot S., which had been the signature race of the Delta Downs meet, is no more.

According to Delta Downs management, the local horsemen’s group, the Louisiana HBPA, was opposed to putting so much money into one race and one card at the expense of overnight purses, and when the two parties could not reach an agreement, it was decided to do away with the race.

“While it was our original intent to move forward with the Delta Downs Jackpot this year, we changed course after lengthy discussions with the state’s horsemen,” said Delta’s Vice President and General Manager Steve Kuypers. “They made it clear to us that they were vehemently opposed to proceeding with the Jackpot, as they felt the prize money could be put to better use in strengthening purses for the rest of our racing schedule. We have honored their request, and will not proceed with the Delta Downs Jackpot in 2018.”

Jackpot Day had also included the $400,000 GIII Delta Princess S. for 2-year-old fillies, the $250,000 Delta Mile and the $200,000 Treasure Chest S. Those races also will not be renewed.

The Jackpot card was canceled in 2017 after Hurricane Harvey hit the eastern part of Texas, which is where Delta draws the vast majority of its casino customers. Management and horsemen feared that there would be such a downturn in business due to the hurricane that the money would not be available for the Jackpot races. Those fears never materialized, as business at Delta’s casino remained steady. The money that would have gone to the Jackpot card was instead put into overnight races and by the end of Delta’s meet earlier this year, horses were racing for huge purses. On closing night in March, there was a $50,000 maiden special weight race and a $64,000 allowance race.

Trainer Ron Faucheux, a member of the HBPA Board, said horsemen at Delta and its sister track, Evangeline Downs, came to believe that the money would be better spent on races that normally involve local horsemen.

“Lousiana racing has taken a fall,” he said. “You’ve see it in the breeding industry and everywhere else over the last five, six years. The main thing is to help the locals as much as we possibly can.”

Delta and Evangeline are owned by Boyd Gaming and the vast majority of money for purses at both tracks comes from slots revenue. With Evangeline’s casino bringing in less money than Delta’s, the purses at Evangeline are considerably lower than they are at the cross-state track. However, the horses and trainers competing at the two tracks are primarily the same. Faucheux said the HBPA is seeking to have the Jackpot money put not into races at Delta but at Evangeline.

“We are hoping this move will allow a transfer of money from Delta to Evangeline,” he said. “The purses over the summer at Evangeline have gotten depleted over the last several years. We’re trying to create a situation where they can transfer money from one racetrack to the other. With the extra money now available, we believe the purses at Delta will be what they were at the beginning of last year’s meet [before several purse increases were enacted] and we can also boost purses substantially at Evangeline.”

The Delta Jackpot was one of several examples in racing of a small-time track creating a rich marquee race to draw attention to itself. The race for 2-year-old males was won by both horses who went on to national prominence and horses who were never heard from again. The most notable winners of the Jackpot were 2016 GI Preakness winner Exaggerator (Curlin), two-time GI Breeders’ Cup Dirt Mile winner Goldencents (Into Mischief) and Eclipse Award winning sprinter Big Drama (Montbrook). In what could turn out to be the final edition of the Jackpot, the race was won by Gunnevera (Dialed In). After his 2016 Jackpot victory, he went on to win the GII Xpressbet Fountain of Youth S. and finish second in the GI Travers S.

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