Churchill appeals HISA ruling, requests stay
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Churchill Downs Inc. has requested a stay of an order issued by the Horseracing Integrity and Safety Authority requiring the track to pay nearly $5.3 million in unpaid dues and interest, officials of HISA confirmed on Friday.
CDI has also appealed the ruling, but the stay is expected to be argued within the next week, according to the officials. Under the order, CDI had 10 days from the issuance of the order on Monday night to appeal.
Attorneys for both sides referenced the filings during a hearing in a Louisville courtroom on Thursday, according to published reports. The hearing considered oral arguments in a lawsuit filed by CDI against HISA late in 2024, alleging that HISA had improperly calculated the fees owed by tracks from 2022 to 2025.
The HISA order issued on Monday night was considered by a three-member panel of HISA’s board. CDI’s appeal will be heard by a “quorum” of the board that does not include the three members who signed the order.
The dispute between the two sides has taken on some urgency because HISA has referenced a provision of its enabling legislation that would allow the authority to block CDI from sending its simulcast signals out of state unless the company complies. The order was issued approximately seven weeks prior to the May 2 Kentucky Derby, which draws more simulcast betting than any other race in the U.S.
Churchill has acknowledged that the company did not pay any of its HISA fees from four of its tracks – Churchill Downs in Louisville, Turfway Park in Northern Kentucky, Ellis Park in Western Kentucky, and Presque Isle Downs in Western Pennsylvania – for the entirety of 2025. In legal filings, the company said that it believed the court should rule on its suit before it paid the fees.
According to the published reports, Judge Benjamin Beaton of the U.S. District Court for the Western District of Kentucky told both sides during the hearing on Thursday “to keep in touch” after hearing the oral arguments.
CDI is requesting a ruling that HISA exceeded its statutory authority by including the size of a track’s purses in its dues formula from 2022-2025. HISA has since changed the dues formula so that it is based solely on starts, effective at the beginning of this year.
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