Judge throws out claims against HISA

Judge James Wesley Hendrix in the Texas Northern Federal Court on Thursday, March 31, 2022, dismissed claims brought against the Horseracing Integrity and Safety Act (HISA) by the National Horsemen’s Benevolent and Protective Association and its Affiliates.

The Association’s claims were that HISA gives regulatory enforcement powers to a private entity, the Authority, which is unconstitutional.

The ruling was that HISA is not an unconstitutional private delegation of power in violation of Article I of the Constitution or the Due Process Clause. Citing multiple decisions challenging the powers of similar agencies, the Judge found that HISA satisfies the current, low thresholds created by the Supreme Court and Fifth Circuit. The Act clearly makes the authority subordinate to the FTC.

The U.S. Harness Racing Alumni Association applauds this court decision and appreciates the work of HISA in meeting this challenge.

by Freddie Hudson & Susan Arrington