Federal court of appeals in Louisiana grants stay to Horseracing Integrity and Safety Authority

A federal court of appeals has granted a stay of a lower court’s ruling preventing the Horseracing Integrity and Safety Authority from enforcing its rules in Louisiana and West Virginia.

The Fifth Circuit Court of Appeals, based in Louisiana, issued the stay “pending further consideration of the motion.” The order rolls back a temporary injunction issued last week by a federal court in Louisiana that removed Louisiana and West Virginia from HISA’s jurisdiction.

The temporary injunction had been sought by both states and the Jockeys’ Guild, in a suit that argued HISA had violated provisions of the Administrative Procedures Act when seeking approval from its rules from the Federal Trade Commission, HISA’s federal overseer, among other claims. The judge in that case, Terry Doughty of the U.S. District Court for the Western District of Louisiana, had issued the temporary injunction because the plaintiffs were likely to “succeed on the merits” of the claim, he wrote.

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Following the issuance of the temporary injunction, The Jockeys’ Guild had claimed that the ruling applied to all of its members regardless of the state in which they were riding. Earlier this week, the Guild filed a motion seeking a contempt of court ruling from Doughty after riders in Florida and California were charged with violating HISA’s whip-use rule.

The stay of the injunction would appear to sideline that issue, at least while the stay is in effect. Prior to the Guild filing its motion for a contempt ruling, HISA had asked Doughty to clarify the scope of his ruling.

Doughty has not yet issued a final ruling on the suit filed by Louisiana, West Virginia, and the Guild, but has indicated that he will rule in the case without a hearing.