A federal appeals court has partly lifted a stay that barred a new horseracing regulatory authority from enforcing its rules in Louisiana and West Virginia in a move that pleased animal-welfare groups.
A three-judge panel of the Fifth Circuit Court of Appeals issued the opinion on Monday, lifting key provisions of a stay put in place by the federal court in the Western District of Louisiana. The stay was sought by attorneys general in Louisiana and West Virginia.
Louisiana Attorney General Jeff Landry had argued that the Horseracing Integrity & Safety Authority Inc. (HISA), a private, nonprofit entity, had exceeded its authority in issuing certain rules upon parties involved in the horseracing industry. The appeals court agreed with the district court that the stay was reasonable as to the alleged insufficiency of the 14-day period of notice for HISA rules, but it disagreed on other points.
“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,” the appeals court panel said in its opinion this week.
Rule 8400 gives HISA the right to gain access to files and facilities of people covered by a new federal horseracing law, in addition to the power to seize evidence of suspected violations of the law. Rule 8510 deals with the methodology for determining what fees states will pay to HISA to fund its operations, and Rule 2010 covers definitions about racetrack safety issues.
Marty Irby, executive director of the Animal Wellness Foundation, welcomed the court’s decision to allow enforcement of many HISA rules in Louisiana while courts evaluate the merits of HISA’s structure and actions.
“We believe the most important regulations for the welfare of the horses brought forth in 2022 are the whipping rules which limit to six strikes in a row across the U.S.,” Irby told the Louisiana Record in an email. “The Jockeys’ Guild has been a major voice of opposition on this issue, but there are many in the sport who would prefer to eradicate the use of the whip – and others like our organization included.”
The new whipping rules also limit the type of whips that jockeys can use. HISA will allow only soft foam whips, as opposed to whips made of leather or with metal objects in them, according to Irby.
“The new rules on whipping will be much better for the welfare of the horse, although they don’t address the image of the act of whipping itself,” he said. “In light of the stay, HISA should enforce the whipping rules with an iron fist in Louisiana.”
HISA’s decision to delay the rollout of its anti-doping rules until next year, however, means the authority will not as yet be able to fully safeguard horses’ welfare, according to Irby.
“We do not believe HISA can adequately protect the horses until the anti-doping rules are in place and are rigorously enforced,” he said.