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As 2020 lurched to an end, a hopeful nation looked ahead to a New Year that might deliver something other than death by COVID. Like busy elves in Santa’s workshop, legislators in Washington were wrapping up some business before the dawn of 2021, putting the final touches on little goodies that could be tucked into the major spending bill that would keep the government running. And so it was on December 27 that President Donald Trump signed into law the Horseracing Integrity and Safety Act (HISA), which was part of the nearly 6,000-page, $2.3 trillion omnibus spending bill that became law at 8:10 p.m.
It is frequently the case that not everyone is happy with holiday gifts. Like HISA. The Thoroughbred Racing Industry embraced it enthusiastically. The United States Trotting Association (USTA), not so much. It’s not that safety—for horses, jockeys and the sport in general—is not universally sought. But USTA officials and members believe the legislation was crafted with Thoroughbred racing, and Thoroughbred racing alone, in mind.
“This legislation started years ago,” says Dan Leary. “Harness racing has never been included in the creation of this legislation.” Leary is Director of Marketing and Communication at USTA.
The USTA has released information about HISA to their members. “The new law does not specifically mention harness racing, and, indeed, some proponents of the legislation frequently questioned why the USTA was opposing a measure that did not include Standardbreds.” Good question. The law does include an opportunity for each racing jurisdiction to “opt in.” The Association of Racing Commissioners International notes that state budgets have been eviscerated by COVID. The opportunity to shift the cost of their horseracing drug testing programs to this new entity is likely a no-brainer.
Safety Is Everyone’s Goal
“This is called the ‘Horseracing Integrity and Safety Act,’” Leary explains Dan Leary “to be out there publicly saying we oppose it makes it seem we oppose safety and integrity. USTA believes in the need for uniform medication rules and that the health and safety of horses and drivers are critical.” Leary is Director of Marketing and Communication at USTA.
But where USTA and the drafters of HISA diverge is the place where Leary says Thoroughbreds and Standardbreds differ. “You need to have separate rules for separate breeds.” He says USTA doesn’t oppose uniform drug rules, except for one drug: Lasix. “USTA policy is we endorse the use of race-day Lasix. Our research shows us that somewhere between 80-90 % of racing horses bleed during their careers. The only thing that prevents or lessens bleeding is Lasix.”
Leary explains that Standardbreds race more frequently than Thoroughbreds do, and the racing career of a Standardbred is longer than that of a Thoroughbred. “The average Thoroughbred races six times a year,” he says, compared to the average Standardbred racing 19 times a year. He says that bleeding, while common, is not totally benign. “Each time a horse bleeds it causes damage to the lungs. Our horses race three times more than Thoroughbreds on an annual basis and they have longer careers,” he says. “So now you have three times more damage done on an annual basis for more years. And Lasix is the only way to prevent or lessen that.”
HISA would ban the use of race-day Lasix. “USTA policy is we endorse the use of race-day Lasix,” Leary says. “In addition, there are two major equine veterinarian associations in North America, and both endorse the use of race day Lasix.” He says both American Association of Equine Practitioners (AAEP) and the North American Association of Racetrack Veterinarians both support USTA’s position.
Is It All About the Breakdowns?
Passage of HISA is the first step. As Leary points out, there are thousands of details left unanswered today. The law requires creation of a Horseracing Integrity and Safety Authority to develop standards, determine how the Authority will be governed, set up governing committees, etc., and all this must be done by July 2022. There will be a nine-person board of directors.
While the Authority deliberates its next steps, Leary says one thing is clear. “The Lasix they’re not budging on.” He says that Lasix is bundled up with other pharmaceutical interventions that racehorses endure, and the drug is alleged to contribute to breakdowns. “Lasix has nothing to do with breakdowns.” He says that USTA doesn’t track breakdowns as rigorously as the Thoroughbred industry does, but he says that catastrophic breakdowns in harness races are rare.
“There’s another big factor: the economics of how this is going to be paid for,” he continues. “If you read the legislation carefully, it doesn’t explain the funding. The organization that is going to oversee this is the United States Anti-Doping Agency, (USADA). They get federal funding for the Olympics, but there’s no stipulation for federal funding for this.” USADA is the agency that conducts drug testing on Olympic athletes, but, as Leary points out, “USADA only does humans. They don’t do equine athletes. They don’t regulate medication usage in the equestrian events in the Olympics.”
He says that the Authority will become one more layer to the bureaucracy. “This is an additional layer over the state racing commissions because they won’t go away and they’ll still have to do all the traditional responsibilities, so somebody is going to have to pay for that, too.”
The Authority’s initial funding will come from loans, to be repaid by whatever method the Authority ultimately decides. “The belief is the way this is going to be funded is to charge a per-start fee. That’s how they’re going to fund it.” As he noted, Standardbreds race more frequently than Thoroughbreds, and thus a large part of the burden for funding would fall on the USTA’s members. “The reality is we have many small owners and we race for smaller purses. It threatens to put a lot of them out of business.”
None of this is breaking news. “We made all of this known,” he says. “As they discuss this going forward, perhaps they’re willing to make it more fair, but the way it was originally discussed was on a per-start fee. This will be economically devastating to some of our smaller owners.”
Leary says USTA’s attorneys believe HISA is unconstitutional, despite The Jockey Club’s insistence that every aspect of the law is constitutional. He says that USTA is now being invited to come to the table and negotiate. “We’re the little guys in this. Why would we believe they would change anything?”