NOTICE TO ALL MEMBERS
/The Horse Racing Integrity and Safety Act (HISA) was enacted in 2020 and is current Federal Law. As a result, it can be fully enforced by the Federal Authorities, including but not limited to, US Marshalls, US Attorney’s and even the US National Guard, if necessary. The initial implementation of HISA commences on July 1, 2022, with the HISA “Safety Program”. The Federal Government has appointed a board for all aspects of HISA to be applied to United States horse racing, without exception.
The funding for this initial implementation is by way of an assessment placed on each race track based upon a combination of race days and purses available. The 1st responsible party for the payment of this assessment is each state’s racing commission. If the commission declines this assessment, then the obligation is the responsibility of the race tracks. In addition to this assessment, other numerous mandates, which include, track surface safety, jockey physicals, complete identification of all participating personnel, concussion protocols, jockey whip rule and penalties, and an array of other federal regulations, will be enforceable. As time progresses, even more regulations will be imposed by HISA associated with medication.
Shortly after HISA became law, under President Trump’s signature, the Louisiana HBPA conducted strategy meetings with the National HBPA and its other affiliates to combat the effects of HISA. After no success administratively, Louisiana HBPA joined in a federal lawsuit that was filed in Texas seeking to have HISA declared unconstitutional. Simultaneously, the Louisiana HBPA worked closely with the Louisiana Attorney General, such that, the state of Louisiana joined other States in an action filed in Federal Court in Kentucky, challenging the legality of HISA. The Texas cause of action was unsuccessful at the district court level and was appealed to the United States fifth circuit in New Orleans. The fifth circuit recently issued a ruling questioning HISA’s authority in connection with the Federal Trade Commission. Unfortunately, this ruling, does not prevent HISA from becoming effective on July 1, 2022. It does, however, provide a glimmer of hope that with additional appellate practice, relief may be granted to combat the effects of HISA. As of this date, no decision has been rendered from the Kentucky district court.
The LAHBPA again requests that its members and all participants in Louisiana Horse Racing contact and ask their United States Representatives and Senators to repeal HISA
