HISA Constitutionality Lawsuit Dismissed By Federal Judge - Horse Racing News | Paulick Report

HISA Constitutionality Lawsuit Dismissed By Federal Judge

A federal judge has dismissed the constitutionality lawsuit brought against the Horseracing Integrity and Safety Act, reports the Thoroughbred Daily News.

Initiated a year ago by the National Horsemen's Benevolent and Protective Association and 12 of its affiliates, the dismissed lawsuit is separate from a similar legal challenge brought by a collection of state racing commissions and attorneys general, which also has a motion to dismiss pending.

“The Court recognizes that HISA's regulatory model pushes the boundaries of public/private Collaboration,” wrote United States District Court Judge James Wesley Hendrix in his Mar. 31 Northern District of Texas order. “The Court also acknowledges the dramatic change that HISA imposes nationwide on the Thoroughbred horseracing industry. But that change resulted from a decision of the people through Congress. And despite its novelty, the law as constructed stays within current constitutional limitations as defined by the Supreme Court and the Fifth Circuit.”

No appeal has yet been filed.

Hendrix continued: “Although the Horsemen make compelling arguments that HISA goes too far, only appellate courts may expand or constrict their precedent. This Court cannot. And under current frameworks, HISA stays within constitutional boundaries.”

Read more at the Thoroughbred Daily News.

Statement from James L. Gagliano on the Federal Court's Upholding of the Horseracing Integrity and Safety Act:

The Jockey Club congratulates the Horseracing Integrity and Safety Authority and its counsel on the Federal Texas District Court's finding that the Horseracing Integrity and Safety Act of 2020 is indeed constitutional.

For those long supporting the passage and implementation of the Act, this is a result we have long anticipated. To HISA Chairman Charlie Scheeler, CEO Lisa Lazarus, and the entire HISA team and its counsel, we express our gratitude for your continued dedication to the cause of equine safety and integrity in our sport. We look forward to HISA beginning the first prong of its programs to enhance our sport on July 1.

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