(Las Vegas Review-Journal)—The creation of the first federal regulatory body for horse racing hit a not unexpected speed bump this week when a national horseman’s group filed a lawsuit arguing the new law is unconstitutional.
The National Horsemen’s Benevolent and Protective Association filed the suit Monday in a U.S. District Court in Texas in an attempt to prevent the Horseracing Integrity and Safety Act of 2020 from being implemented next year as planned.
The law, passed by Congress and signed by former President Donald Trump in December, calls for the creation of a federal body to design and implement uniform national horse racing medication and racetrack safety standards in the 38 states that conduct pari-mutuel horse racing.
The HBPA lawsuit argues that the law is unconstitutional because it delegates legislative authority to a private organization and private individuals selected by a private nominating committee. Although the new Horse Racing Integrity and Safety Authority will be overseen by the Federal Trade Commission, the lawsuit notes that the FTC isn’t allowed to draft rules and is not involved in enforcement of those rules.
The Jockey Club and National Thoroughbred Racing Association both denounced the move to block the law and predicted it will fail.
The list of states whose NHBPA affiliates joined the suit — Arizona, Arkansas, Indiana, Illinois, Louisiana, Nebraska, Oklahoma, Oregon, Pennsylvania, Washington and West Virginia — also is interesting. It suggests that the new law has opened a fissure between major racing states like California, Florida, Kentucky and New York and tracks in the secondary markets over the expected costs of the new enforcement measures.