Judge denies motion for in-person hearing on HISA challenge

A federal judge in Louisiana has rejected a motion seeking an in-person hearing for a group of racing constituents in Louisiana and West Virginia that filed a last-minute challenge to the Horseracing Integrity and Safety Authority.

In a ruling issued late Friday, Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana said that he will decide on the group’s request for a temporary injunction based solely on filings in the case by the plaintiffs and defendants. The plaintiffs had wanted to call a long list of witnesses into the courtroom to argue for relief.

“The motion for preliminary injunction will be decided on the pleadings,” Doughty wrote. “If the court deems a hearing necessary, it will make accommodations for such.”

The defendants in the case include the states and the racing commissions of Louisiana and West Virginia, plus organizations representing Louisiana’s horsemen and its breeders, along with The Jockeys’ Guild.

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The parties filed the suit on June 29 seeking a temporary restraining order that would prevent HISA’s rules from taking effect in the state on July 1, a date set by the authority’s enabling legislation. Doughty denied the request for a restraining order one day later and ordered the parties to file motions on the request for a preliminary injunction.

Attorneys for the HISA plaintiffs argued in a motion filed on July 15 that two federal courts have already dismissed challenges to HISA’s enabling legislation on constitutional grounds. Defendants in one of those cases included the racing commissions in both Louisiana and West Virginia.

“Having failed to stop the legislation outright, plaintiffs now employ a new tactic,” the motion said. “Despite knowing for over a year that any rules promulgated under HISA would take effect on July 1, 2022, plaintiffs waited until June 29 to seek the extraordinary remedy of a preliminary injunction. … Plaintiffs are not entitled to [a preliminary injunction], or any other remedy.”

Attorneys for the plaintiffs wrote in their own motion that the industry was “in chaos” due to the advent of HISA’s authority. The motion contended that the plaintiffs in the case, which included individual trainers, owners, jockeys, and veterinarians, would suffer “irreparable harm” by registering with HISA and complying with its rules.

“For the foregoing reasons, this court should grant plaintiff’s motion and enjoin defendants from wreaking havoc on the horseracing industry across the nation,” the motion said in its conclusion.

Last week, HISA officials sent notices to trainers and jockeys that have participated in races since July 1 without registering with the authority. The notices said that the individuals who do not register within 48 hours of the notice would be called to a hearing in front of the HISA board and face suspensions or fines.

HISA officials who spoke on the condition of anonymity said that the “majority” of approximately 40 notices sent to jockeys were riders based in Louisiana.