A federal judge has rejected a request by the Louisiana attorney general to stop the enforcement of new horseracing regulations that critics say will saddle racetracks, state racing commissions and others with unconstitutional burdens.
Judge Terry Doughty of the Western District of Louisiana turned down the state of Louisiana’s motion on June 30 to delay the implementation of the federal Horseracing Integrity and Safety Authority’s (HISA’s) racetrack safety program. Doughty didn’t offer any specific reasoning for his decision, which allowed the new safety regime to take effect on July 1.
The court weighed the parties’ arguments on whether to grant the restraining order during a telephone status conference.
“The court also expressed its view, which is that issuing a temporary restraining order regarding an act of Congress would be inappropriate,” Doughty said in the denial of the order.
Louisiana Attorney General Jeff Landry has argued there are legal flaws in Congress’ decision to empower a private entity, HISA, with extensive federal rulemaking powers. Landry is acting in coordination with several other plaintiffs, including the Louisiana State Racing Commission.
“We were disappointed that the TRO was denied,” Louisiana Solicitor General Liz Murrill said in an email to the Louisiana Record. “This lawsuit challenges the regulations HISA has adopted and the (Federal Trade Commission) approved, some as late as 8 p.m. the night before they were to be enforced. Throughout the weekend we heard reports of how little HISA was prepared and how disruptive its actions are in the racing industry.”
The state Attorney General’s Office plans to explain to the district court the substantial role the horseracing industry plays in Louisiana’s economy, according to Murrill. The state will also argue that Congress was ill-advised to federalize the oversight of the horseracing industry, she said.
“HISA claims power to adopt rules governing doping, medication control and racetrack safety,” the complaint filed by the office states. “It claims power to investigate violations of its rules by issuing and enforcing subpoenas. After investigating alleged violations, it claims to then be able to act as judge in its own cases and adjudicate alleged violations of its rules.”
In addition, the authority is empowered to bring civil lawsuits in federal court to deal with known or anticipated violations of its own rules, the complaint says.