National HBPA seeks injunction to stop HISA from enforcing new rules
The National Horsemen’s Benevolent and Protective Association has filed a request for preliminary injunction in a U.S. District Court in Texas against the enforcement of rules issued by the Horseracing Integrity and Safety Authority and asked the judge to issue a decision by Friday afternoon.
The request for a preliminary injunction, which was joined by the state of Texas, argues that enforcement of the rules beginning on Monday violated a provision of the Administrative Procedures Act that “normally requires 30 days from approval to effective date” of new rules, according to the suit. The Federal Trade Commission announced its approval of a tranche of rules for HISA’s Anti-Doping and Medication Control Program on Monday morning, and HISA began enforcing the rules the same day.
The request cites a handful of major Kentucky Derby preps that are scheduled for Saturday for the reason to issue a decision by the end of Friday.
“Relief is necessary to ensure these races are run under existing state regulations rather than the rushed implementation of the ADMC,” the filing states.
The National HBPA had filed a separate lawsuit in the same court last year seeking a decision invalidating HISA’s enabling legislation. The judge dismissed the lawsuit, but the U.S. Fifth Circuit Court of Appeals issued a decision late last year that called HISA “facially unconstitutional.”
The National HBPA and its affiliates have criticized HISA and its mission since legislation was passed establishing the private company late in 2020. Critics of HISA, including the HBPA affiliates, have said that HISA represents federal overreach and that its rules would be too costly and disruptive to horsemen.
HISA spent the past several months conducting educational outreach programs and training sessions to prepare the racing industry for the approval of the rules on March 27.
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