Fifth Circuit rules HISA unconstitutional – again

Columbus, OH – On Friday (July 5), the United States Fifth Circuit Court of Appeals again ruled that the Horseracing Integrity and Safety Act (HISA) is unconstitutional, dealing yet another blow to the controversial piece of legislation. This new ruling follows a Fifth Circuit decision in November 2022 that also found HISA unconstitutional.

The U.S. Trotting Association has been working closely with others in the industry and with Rep. Clay Higgins (LA-03) to introduce the Racehorse Health and Safety Act (RHSA). RHSA will establish an interstate compact to develop scientific medication control rules and racetrack safety rules, allowing only participating states to export simulcast signals for interstate, offsite betting.

Congressman Higgins stated, “This is a victory for horses, horsemen and for state sovereignty. Constitutional rights are worth fighting for. My RHSA legislation is far superior in every way to the current law. With the help of American horsemen who are actually devoted to the industry and the beautiful horses we love, I will lead the Congressional mission to repeal the unconstitutional law that is currently crippling the horse industry. HISA is going down, and RHSA is standing up.”

“HISA is broken, and all who care about the health and safety of our racing equines should pivot to the RHSA,” said Russell Williams, president of the USTA. “After today’s ruling, it is beyond dispute that Congress should pass the Racehorse Health and Safety Act to replace HISA. The RHSA will be based on sound veterinary science rather than optics.

“The RHSA will focus on what’s best for the health of the racehorse,” Williams continued. “It was developed in cooperation with racehorse veterinarians and requires that all rules be based on generally accepted scientific principles. It’s time to adopt sensible government regulation that does not trample the constitutional rights of horsemen or create any crippling financial burden on the horseracing industry.”

The USTA is a 19,000-member non-profit association of Standardbred horse owners, breeders, drivers, trainers, and officials headquartered in Columbus, OH. It was founded in 1939 and promulgates the rules of harness racing, licenses persons involved in harness racing, and insists upon the humane treatment and wellbeing of Standardbred horses. Before state racing commissions began to regulate harness racing in the 1960s, the USTA was the sole regulatory body for harness racing. Standardbred horses, drivers, and trainers must be registered with the USTA to be eligible to race in North America.

From the USTA