April 2023 Issue

Page 32 April 2023 EAST COAST EQUESTRIAN Is the Finish Line for the Horseracing Integrity and Safety Act in Sight? would ban certain drugs from the sport and limit the use of others. Finally, last November HISA was declared unconstitutional by the Fifth Circuit Court of Appeals, because it “delegated government power to a private entity,” that entity being Horseracing Integrity and Safety Authority (HISA), the agency that shares its acronym with the law it is intended to enforce. Despite the legal challenges, HISA’s racetrack safety program went forward, and all racetracks were required to complete safety audits by January 31, upload- ing data to HISA’s portal. The anti-doping protocols, which were supposed to take effect in January, were stymied by the Fifth Circuit Court’s decision that HISA was unconstitutional. That hurdle was, supporters thought, finally overcome with passage of the Omnibus Spending Bill in December, which Presi- dent Biden quickly signed into law. Buried in that legislation was an amendment that affirmed the Federal Trade Commission’s (FTC) authority to oversee HI- SA’s anti-doping rules. Pursuant to approval of the anti-doping protocols, the FTC published the rules in the Federal Register for public comment. “The public comment period on HISA’s Anti-Doping and Med- ication Control (ADMC) rules closed on February 9,” accord- ing to Mandy Minger, HISA’s Director of Communication. “HISA expects the FTC to make a decision about the proposed ADMC rules by March 27 and if approved, the rules will go into effect on that date,” she said. “In order to ensure that the industry is prepared for the ADMC Pro- gram’s expected implementation on March 27, Horseracing Integ- rity and Welfare Unit (HIWU) and HISA are actively working to educate racing participants about the strategic testing plan and oth- er aspects of the Program.” HISA announced March 8 that it will also begin using “can’t-race” flags to enforce its existing Racetrack Safety and Registration regulations be- ginning on March 27. Covered persons and horses who are not in compliance with the Racetrack Safety and Registration rules, which went into effect on July 1, 2022, will be at risk of being unable to race until they comply with the rules. “March 27, 2023 will truly be the start of a new era in Thoroughbred racing,” said HISA CEO Lisa Lazarus. “An added level of enforcement of our Racetrack Safety and Registration rules, coupled with the launch of our ADMC Program, will be a clear sign to all that the racing industry is taking equine well- being and rider safety incredibly seriously”. Serious Challenges Remain “Lawsuits take a long time to play out,” Minger says. “But the main point in those lawsuits was that HISA was unconstitutional. The Omnibus bill settled that.” She noted that, while it has been a long slog to get from HISA’s creation to this point, more work needs to be done. “HISA is working with every state to try to accommodate what their timing and their legislation tells them they can do. As long as we are having meaningful conversations (with the various racing jurisdic- tions), we’re finding meaningful solutions.” HISA’s regulatory clout includes the option of severing simulcast signals of jurisdictions that refuse to comply with the regulations. Many racetracks de- pend on simulcasting for revenue from wagering and off-track bet- ting, so the possibility of losing that revenue is not insignificant. The Texas Racing Commission stopped the state’s racetracks from simulcasting, and in early February they joined several other states and racing entities in mounting yet another challenge to the constitutionality of HISA. Once again, the fate of HISA rests in the courts. Beyond the continuing legal challenges there are serious logis- tical challenges facing HISA and its anti-doping partner HIWU. A global shortage of large animal veterinarians will make it difficult if not impossible to ensure that racehorses have pre-race exams. And, as the plans for drug-testing go forward, HIWU will collide with yet another shortage—veter- inary technicians. The Right and Moral Answer The issue of drugs—with or without HISA—will not go away quietly. They’ve become mark- ers in the ways many potential horseracing fans view the indus- try. Trainer Bob Baffert was sus- pended from entering horses in races at Churchill Downs for two years in 2021 after his Kentucky Derby winning horse Medina Spirit was disqualified for failing a drug test. Recently he asked a court to lift his suspension so he could enter a horse in this year’s Kentucky Derby. His request was denied. A horse is a horse, of course, but horses carry with them intense emotional connections to humans. “Nobody can stomach even one horse going down,” Minger says. “We have to take the responsibility very seriously because it’s the right and mor- al thing to do. But the fans are important too. We have to be fair and kind to the animals.” (Continued from page 6) Real Estate