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Six Additional States Back Lawsuit Opposing HISA

Alaska, Arkansas, Idaho, Mississippi, Nebraska, Ohio support lawsuit against HISA.

Coady Photography

A United States District Court Judge Sept. 21 granted a request by six states to file a brief supporting a lawsuit led by Louisiana, Oklahoma, and West Virginia that argues the structure of the Horseracing Integrity and Safety Authority is unconstitutional.

Federal legislation approved last year calls for HISA to oversee medication rules and drug testing in horse racing beginning July 1, 2022. Two lawsuits have been filed in federal courts questioning the constitutionality of the Authority, which would operate under the review of the Federal Trade Commission.

The lawsuit of the three states, the United States Trotting Association, and three Oklahoma tracks was filed in August in U.S. District Court for the Eastern District of Kentucky, Lexington Division. On Tuesday Judge Joseph Hood granted Alaska, Arkansas, Idaho, Mississippi, Nebraska, and Ohio a motion to file an amicus brief in support of the states' lawsuit. 

Daily Racing Form first reported the amicus brief filing, which BloodHorse confirmed through public records.

During The Jockey Club Round Table on Matters Pertaining to Racing Aug. 15, The Jockey Club chairman Stuart Janney III defended the constitutionality of HISA. HISA backers have repeatedly expressed confidence that the structure will hold up to legal scrutiny.

In late August a long list of industry owners, breeders, and other participants filed a brief in support of dismissing the lawsuit against HISA.

MITCHELL: Multiple Groups Back HISA in Court Filings