CHARLESTON — A federal judge in Louisiana granted a preliminary injunction against horse racing rules in West Virginia and Louisiana.
District Judge Terry A. Doughty ruled on July 26 to prevent certain parts of the Horseracing Integrity and Safety Act Authority's rules from being implemented in West Virginia or Louisiana until the lawsuit has been decided.
“We are glad the judge realized the potential for harm to the horseracing industry in West Virginia was so serious that the injunction was warranted,” Attorney General Patrick Morrisey said. “We feel confident that our challenge to the legality of HISA will likewise have a favorable result."
The act was signed into law on Dec. 27, 2020, by President Donald Trump, and the purpose was to address problems threatening the horse industry.
"Plaintiffs have satisfied all four elements required for a preliminary injunction to be issued," Doughty wrote in the ruling. "After considering all factors, this Court has determined that a preliminary injunction shall be issued by Plaintiffs against the Defendants."
In two related lawsuits, West Virginia and other states argued that the act unconstitutionally delegates power to a private entity and commandeers traditional state authority. They argue in their lawsuits that it has led to implementing regulations that do not comply with other federal laws.
The act was first introduced to the US Congress in 2019.
"The specific purpose of HISA was to develop and implement 'a horseracing anti-doping and medication control program and a racetrack safety program for covered,' horses, persons, and horseraces," the decision states.
HISA is funded by the racing industry in the states.
The preliminary injunction will remain in effect until the final resolution of the case or until further orders from the Louisiana federal court, the U.S. Court of Appeals for the Fifth Circuit or the U.S. Supreme Court.
U.S. District Court for the Western District of Louisiana case number: 6:22-cv-01934