FIFTH CIRCUIT PANEL RULING NULLIFIES HISA!

November 28th,2022

It is refreshing to read constitutional lawyer Lucinda Finley's logic in a recent Thoroughbred Daily News article, being applied to a very old but understandable problem in the sport of thoroughbred racing.?She brings the subject full circle from private enterprise, to state governmental decrees, to political, institutional governance, back to private enterprise and a sport, which it is, if HISA suffers a permanent, political demise. The decommissioning of the Horse Racing Integrity and Safety Act (HISA) through the failure of its national acceptance on unconstitutional grounds, brought by the 5th circuit panel, leaves a stunned audience of the racing echelon and many of the sport's minions. It is a last chance to reconsider horseracing's value as a sport and its necessity to professionalize its referees.?No sport in history has fallen victim to the neglect of its officiating as has horse racing in the last 50 years.?It deserves professionalism at every level, as does a wagering public. Those talents do not emerge from political tinkering and inexperience. We have great experience to glean from other major sports.?

However, horse racing is a unique sport/industry insofar as the components of its talent pools that are completely unlike local neighborhood sports taught in conventional elementary schools and colleges. Consequently, the distinct learning curve of breeding, training, riding and officiating historically have emanated by taking many diverse origins from farming, pony club, equestrian and bizarre backstretch immersion before emerging into a consummate trade or talent. And although we have witnessed some of the world's most talented human performers, horse racing in America has suffered (in some cases) a pronounced deficiency in providing?governing bodies, stewards and judges that provide a consistency as professional as its pedigrees and players. Because horse racing originated as a village pastime enjoyed by titled people and noble ilk from England and Scotland, regulation emerged gingerly from the clash of cultures not always given to fair play by nobility. But emerge it did, as infractions spawned rule books by which to govern the increasing “lot.”

Today, each time the horse racing industry reaches outside the purview of its amplitude for leadership, the sport seems to suffer setbacks in aspect and purpose.?

Let’s leave the lawyers to the law, veterinarians to medicine and let horsemanship prevail.??Unfortunately, horsemanship has taken a broadly undefined terminology that is both coveted and bestowed, by and upon, a great many unworthy recipients prematurely tasked to govern it. This should end!??

Horse racing and Breeding has grown proportionately to populations around the globe and certainly in America where each A, B, C, D levels of local and international competition and pedigree develop their own unique units of amateur and professional constituents. These should be more formalized to provide, internally, the criteria to elevate and support the infrastructure of officiating in every category.??Such a system would provide a fair and solid consistency to the sponsors, events, the players and public expectation. It is easy to realize the professional advantage, fairness and dignity supplied by management, officials and referees that occurs in other national sports. Horse racing should follow this pattern. Horse racing in America has more than 60,000 licensed people engaged in and learning about the sport on a daily basis.??But when is the last time you saw a rule book???Do they still print such a document that was the nucleus of our racing universe? HISA in its proposed form does not avail the sport/industry to professionalize the importance of its practical experience!

The gigantic question remains as to how the magnitude of the more than 300-year- old racing, breeding sport/industry and its political enablers was “hoodwinked” smugly into the acceptance of a HISA legislation. Its framework is clearly and empirically unconstitutional.??Where were all the lawyers?