High Court Declines Consideration of Legal Contest on Equine Racing Drug Policies and Safety Measures
The High Courtskimmed over a case relating to the Horse Racing and Safety Act (HRSA) on Monday, letting the federal law, which mandates national medication and anti-doping regulations in horse racing, remain in effect.
The lawsuit, filed by Oklahoma, Louisiana, West Virginia, and certain racetracks across states, aimed to invalidate the law's constitutionality. The lawsuit contended that the Horseracing Integrity and Safety Authority (HISA), a private entity established under HRSA to implement the rules, was granted excessive power by Congress.
HISA is responsible for overseeing and standardizing the outcomes of horse drug testing, as well as doling out consistent penalties to rule-breakers, replacing the previous disparate set of regulations governing horse racing in the 38 states where it's legal.
"HISA's uniform standards are making a significant, positive difference in the well-being of horses," stated Charles Scheeler, HISA's board chair, post-ruling, mentioning a 38% drop in equine fatalities in the initial quarter of 2024.
Since HISA assumed control of racetrack safety on July 1, 2022, the number of equine fatalities at HISA-managed tracks marginally decreased, from 1.25 per 1,000 starts in 2022 to 1.23 per 1,000 starts in 2023.
Not all Thoroughbred tracks operate under HISA's jurisdiction, however, as racing commissions in multiple states resist compliance. These include Texas, Louisiana, and West Virginia, where horse racing fatalities occur more frequently (1.63 per 1,000 starts in 2023) compared to HISA tracks.
Two additional cases are ongoing in federal court, one in the 5th Circuit and another in the 8th.
"We could still hear any day from the 5th Circuit regarding HISA's constitutionality post-congressional amendment, and the October oral argument went favorably for us," Eric Hamelback, CEO of the National Horsemen’s Benevolent and Protective Association, a Kentucky-based lobbying group representing Thoroughbred racehorse owners, informed the Associated Press.Legislation to abolish the HISA was also presented to the House of Representatives in September but has yet to progress.
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