Jockeys' Guild asks judge to hold HISA in contempt

The Jockeys’ Guild, a national organization that represents the vast majority of riders in the U.S., has asked a federal judge in Louisiana to hold the top official of the Horseracing Integrity and Safety Authority in contempt for applying HISA’s rules to Guild members in the wake of a controversy over the geographic extent of a preliminary injunction issued last week.

In the motion, the Guild said that Drayden Van Dyke, a Guild member riding at Del Mar in Southern California, and both Miquel Vazquez and Edwin Gonzalez, Guild members riding at Gulfstream Park in Florida, had been notified of whip-use violations since the injunction was issued last Tuesday. The Guild contends in its motion that the injunction applies to all members of the Guild, an argument that is being contested by HISA and its attorneys.

Last week, the Guild said that it would seek legal recourse if HISA charged any of its members with rules violations in the wake of the injunction. The motion filed this week asks the court to demand that Lisa Lazarus, HISA’s chief executive officer, and other defendants “show cause why they should not be held in contempt of court for willfully violating this court’s injunction.”

HISA earlier this week asked the court to clarify the scope of its injunction, which was issued in response to a suit filed by the states of Louisiana and West Virginia, with the Guild joining as a plaintiff. HISA also filed a motion with the Fifth Circuit Court of Appeals in Louisiana asking the court to issue a stay of the injunction.

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In last week’s ruling, Judge Terry Doughty of the U.S. District Court for the Western District of Louisiana wrote that “the geographic scope of the injunction shall be limited to the States of Louisiana and West Virginia, and as to all Plaintiffs in this proceeding.” At a minimum, the injunction prevents HISA’s rules from being enforced in both states.

HISA took the position that the injunction applied only to the enforcement of its rules in Louisiana and West Virginia, and it issued a statement saying that HISA’s rules would remain in effect in all other states under its jurisdiction. But in its legal filings this week, the Guild argued that HISA’s position was akin to “flouting bedrock principles of associational standing” upheld by the Supreme Court.

“Associations routinely obtain benefits for their members in litigation, including injunctive relief,” attorneys for the Guild wrote.

On Tuesday night, Doughty ordered HISA to respond to the Guild’s motion by Aug. 9. The Guild “may file a reply to the response no later than three days” after the authority files its own response, Doughty wrote.

Also this week, a group of Texas businesses, including the owner of Lone Star Park, filed a lawsuit challenging the constitutionality of HISA. The other plaintiffs in the suit include two limited-liability corporations that contend they are seeking racing licenses in the state.

The lawsuit contains a wide swath of allegations contending that the structure of HISA and its authority violate clauses and principles of the U.S. Constitution. The suit was filed in the Amarillo division of the U.S. District Court for the Northern District of Texas.

Global Gaming, the owner of Lone Star Park, was a plaintiff in another suit arguing that HISA’s enabling legislation violated constitutional doctrines. That suit was dismissed earlier this year by the Lubbock division of the U.S. District Court for the Northern District of Texas, a separate division of the same court where the latest suit was filed. The plaintiffs have appealed the decision.

The Texas Racing Commission earlier this year rejected HISA’s jurisdiction over the state, citing a state regulation that it said prevented any entity other than itself from regulating racing in the state. As a result, it rejected Lone Star Park’s simulcasting application for out-of-state sites as of the advent of HISA’s jurisdiction on July 1. Lone Star closed its live meet in late July with massive declines in out-of-state handle. No major Thoroughbred track in Texas is scheduled to hold live races until next year.