Join now & win money today! Get Started

Appeals Court Revisits Some Elements of HISA Stay Order

---

A panel of three judges from the United States Court of Appeals for the Fifth Circuit issued a new, more fine-tuned order Monday in the Horseracing Integrity and Safety Act Authority (HISA) lawsuit that narrows the scope of an “administrative stay” that same court had issued five days earlier.

The Aug. 8 order now means that instead of the entire slate of HISA rules being re-activated in Louisiana and West Virginia (as per the Aug. 3 Appeals Court order that trumped a preliminary injunction issued July 26 by a lower U.S. District Court in Western Louisiana), three contested HISA rules will once again be off-limits from being enforced in those two plaintiff states, at least until “expedited” oral arguments are scheduled in front of the Appeals Court next month.

“The district court in granting the injunction that is the subject of the motion to stay ruled only

on the lawfulness of the rules and not on the constitutional issues raised which are pending before this court in another case,” the Aug. 8 order stated.

“The district court held that Plaintiffs had a strong likelihood of success on the following two claims: ‘1) The 14-day period for notice and comment for each set of approved rules was insufficient under the Administrative Procedure Act (APA) and 2) Several rules go beyond the statutory authority given to HISA and the Federal Trade Commission (FTC).’” The order stated. “We conclude that the stay elements are met with respect to the insufficiency of the 14-day period of notice.

“With respect to the second part of the ruling, the district court did not address the vast majority of the regulations at issue, instead concluding only that a few of the rules within the regulations exceeded the authority.”

The order continued: “Having considered those matters, we rule as follows: The motion to stay the district court’s July 26, 2022, preliminary injunction is GRANTED in part and DENIED in part. We grant the motion to stay the injunction as to all of the regulations except for the following: Rules 8400 and 8510 and two provisions of Rule 2010.”

Rule 8400 establishes the Authority’s power of access to records and places of business used in connection with Covered Horses and authorize the seizure of medications or other items that are in violation or suspected violation of Authority rules. The rules require Covered Persons to cooperate with the Authority in investigations, and they include the duty to respond truthfully to questions posed by investigators about a racing matter. Rule 8400 also authorizes the issuance of subpoenas and oaths to witnesses.

Rule 8510 is HISA’s “Methodology for Determining Assessments” that fund the Authority.

The plaintiffs in the underlying June 29 lawsuit (the state of Louisiana, its racing commission, the Louisiana Horsemen’s Benevolent and Protective Association, the Louisiana Thoroughbred Breeders Association, the Jockeys’ Guild, the state of West Virginia, its racing commission, and five individuals regulated as “covered persons” under the HISA Act) have argued that using purses as part of that assessment calculation violates the enabling legislation.

The two provisions of Rule 2010 that now can’t be enforced in the plaintiff states deal with the definitions section of the racetrack safety program, specifically “the date of the Horse’s entry in a Covered Horserace” and “the date of the Horse’s nomination for a Covered Horserace,” according to the Aug. 8 order.

The defendants (the HISA Authority, the FTC, and board members and overseers of both entities) are alleged to have violated the Fourth, Seventh and Tenth Amendments to the Constitution, plus the APA, which governs the process by which federal agencies develop and issue regulations.

But that underlying lawsuit can’t move forward until the Appeals Court issues get legally resolved first.

The post Appeals Court Revisits Some Elements of HISA Stay Order appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Weekly Stewards and Commissions Rulings: Aug. 1-7

---

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here’s a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

CALIFORNIA

Track: Del Mar

Date: 08/07/2022

Licensee:  Kent Desormeaux, jockey

Penalty: Sixty-day suspension

Violation: Disorderly conduct

Explainer: Having now appeared for a formal hearing held at Del Mar Race Track on July 29, 2022, LATS Ruling #55 issued at Santa Anita Park on March 4, 2022 is set aside. Jockey Kent Desormeaux is suspended for 60 days (August 8, 2022 thru October 6, 2022, inclusive) for violation of California Horse Racing Board rule #1874 (Disorderly Conduct – aggressive behavior in RV park – [second offense]) at Del Mar Race Track on November 23, 2021 and violation of CHRB Rule #1485(d) (License Subject to Conditions and Agreement – failure to abide by written agreement with the Winners Foundation).

Furthermore, Kent Desormeaux shall sign a testing agreement with the California Horse Racing Board while licensed in California and is ordered to be evaluated by the Winners Foundation and shall abide by the recommendations of that organization. Failure to do so may result in a suspension of his license. During the term of this suspension all licenses and license privileges of Kent Desormeaux are suspended and pursuant to California Horse Racing Board Rule #1528 (Jurisdiction of Stewards to Suspend and Fine) Kent Desormeaux is denied access to all premises in this jurisdiction.

FLORIDA

The following were only recently posted on the Association of Racing Commissioners International’s “Recent Rulings” website and are not timely.

Track: Gulfstream Park

Date: 06/21/2022

Licensee:  Teresa Pompay

Penalty: $1000 fine

Violation: Medication violation

Explainer: FINAL ORDER # 2021-055080 – F.S. 550.2415 VIOLATION = METHOCARBAMOL. “EIGHTHANDBROADWAY” 6/29/2022 – $1000 FINE PAID TO GULFSTREAM PARK BOARD OF RELIEF.

Track: Gulfstream Park

Date: 06/21/2022

Licensee:  Teresa Pompay, trainer

Penalty: $1000 fine 

Violation: Medication violation

Explainer: Steward’s Ruling Final Order # 2021-052604 – F.S. 550.2415 violation = Methocarbamol. “SHASTREE” 6/29/2022 – $1000 fine paid to Gulfstream Park Board of Relief.

Track: Gulfstream Park

Date: 05/31/2022

Licensee: Herman Wilensky, trainer

Penalty:  $500 fine

Violation: Medication violation

Explainer: STEWARD’S RULING FINAL ORDER # 2022-001857 – F.S. 550.2415 VIOLATION = FLUNIXIN & PHENYLBUTAZONE. $500 FINE IMPOSED. 6/16/2022 – $500 FINE PAID TO GULFSTREAM PARK BOARD OF RELIEF.

Track: Gulfstream Park

Date: 05/31/2022

Licensee:  Sandra Slivka, trainer

Penalty: $500 fine

Violation: Medication violation

Explainer: STEWARD’S RULING FINAL ORDER # 2022-006421 – F.S. 550.2415 VIOLATION = FLUNIXIN AND PHENYLBUTAZONE. $500 FINE IMPOSED. “FUTURE FLAY” 6/15/2022 – $500 FINE PAID TO GULFSTREAM PARK BOARD OF RELIEF.

Track: Gulfstream Park

Date: 05/31/2022

Licensee: Armando De la Cerda, trainer

Penalty:  $300 fine

Violation: Medication violation

Explainer: STEWARD’S RULING FINAL ORDER # 2019-043370 – F.S. 550.2415 VIOLATION = DEXTRORPHAN. $300 FINE IMPOSED. “EXTRAVAGANT ROSIE” 6/30/2022 – $300 FINE PAID TO GULFSTREAM PARK BOARD OF RELIEF.

Track: Gulfstream Park

Date: 05/12/2022

Licensee: Richard Silvestri, trainer

Penalty: N/A

Violation: Trainer responsibility

Explainer: FINAL ORDER # 2022-013933 – F.S. 550.2415 VIOLATION = PHENYLBUTAZONE. WRITTEN WARNING IMPOSED AND ISSUED. “FEARLESS GIRL”

NEW HISA STEWARDS RULINGS

Note: While HISA has shared these rulings over the past week, some of them originate from prior weeks.

Violations of Crop Rule

FINGER LAKES

Benjamin Hernandez – ruling date July 12, 2022 – x2* (two rulings resulting from the same incident)

John Berios – ruling date July 13, 2022 – x2* (two rulings resulting from the same incident)

Benjamin Hernandez – ruling date July 18, 2022

Carlos Camilo – ruling date July 19, 2022

GULFSTREAM PARK

Mario Fuentes – ruling date July 16, 2022

David Boraco – ruling date July 23, 2022

Edgar Prado – ruling date July 23, 2022

Ailsa Morrison – ruling date July 29, 2022

Edwin Gonzalez – ruling date July 31, 2022

Ailsa Morrison – ruling date July 31, 2022

PARX RACING

Lenin Alfredo Cruz Rodriguez – ruling date July 26, 2022

PENN NATIONAL

Edilberto Rodriguez – ruling date July 29, 2022

DELAWARE PARK

Joseph Trejos – ruling date July 30, 2022

PRAIRIE MEADOWS

Kevin Roman – ruling date August 1, 2022

HORSESHOE INDIANAPOLIS

Angel Reyes – ruling date August 2, 2022

SARATOGA

Jose Ortiz – ruling date August 7, 2022

*More than one violation marked by “x2”, “x3”, etc.

Violations of Horseshoe Rule

DEL MAR

Milton Pineda – ruling date August 7, 2022

Violations of Riding Crop Specifications

ARIZONA DOWNS

Aldo Arboleda – ruling date August 1, 2022

Enrique Garcia – ruling date August 1, 2022

Isaias Enriquez – ruling date August 1, 2022

Aylssa Morales – ruling date August 1, 2022

Daniel Vergara – ruling date August 1, 2022

Michael Ybarra – ruling date August 1, 2022

Francisco Garcia – ruling date August 1, 2022

Ryan Barber – ruling date August 1, 2022

Kevin Carbajal – ruling date August 1, 2022

Devon Ellis – ruling date August 1, 2022

Arturo Rosalis – ruling date August 1, 2022

Jose Leon – ruling date August 1, 2022

Ryan Barber – ruling date August 1, 2022

PRAIRIE MEADOWS

Glenn Corbett – ruling date August 1, 2022

Voided Claims

GULFSTREAM PARK

Malraux – ruling date July 16, 2022

October Time – ruling date July 17, 2022

Meade – ruling date July 23, 2022

Hierro – ruling date July 23, 2022

MONMOUTH PARK

Bamboo Garden – ruling date August 7, 2022

Love Nest – ruling date August 7, 2022

Violations Involving Forfeiture of Purse

PARX RACING: Lenin Alfredo Cruz Rodriguez – riding crop violation (unspecified amount of strikes) – waived hearing – purse redistribution

FINGER LAKES: Luis Perez – 11 strikes – $500 fine; 3-day suspension; 5 HISA class 2 points; horse disqualified from purse earnings

Appeal Request Updates

FINGER LAKES

Finger Lakes

Benjamin Hernandez

Crop rule violation

For the ruling regarding the incident on July 18, 2022

Appeal filed August 3, 2022

Stay requested

The post Weekly Stewards and Commissions Rulings: Aug. 1-7 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.