The thoroughbred horse racing industry is more than just a spectacle of majestic horses and the vibrant traditions of the Kentucky Derby. It’s an economic powerhouse that employs tens of thousands of Americans, from farmers to jockeys. However, this industry is currently under threat due to a controversial law enacted by Congress two years ago.
In December 2020, Congress passed the Horse Racing Safety and Integrity Act (HISA). Instead of establishing a new federal agency to oversee horse racing, the Act transferred regulatory power to a private industry organization. This move has been criticized for putting the fate of the industry in the hands of an inexplicable group of industry experts.
Since the implementation of the Act, the industry has been burdened with millions of dollars in new fees and regulatory costs. This has been particularly devastating for smaller, rural racing communities that do not have the financial cushion of large audiences and television contracts. The impact is not only economic; it is also affecting the livelihoods of those who depend on the industry.
As an equine veterinarian with three decades of experience, I felt compelled to take action to protect our industry and the horses we care for. The idea of ​​a private police force regulating an entire industry seemed to set a dangerous precedent. As a result, we have filed a federal lawsuit on behalf of riders across the country to challenge this new law.
The Constitution delimits the powers of the government in three branches: Congress, the President and the courts. There is no provision for a fourth branch consisting of private industry regulatory authorities. The National Horsemen’s Benevolent and Protective Association, which represents nearly 30,000 horse racing trainers and owners, is fighting to safeguard their constitutional rights and jobs.
The United States Court of Appeals for the Fifth Circuit in New Orleans has already declared an earlier version of the Act unconstitutional. A second round of arguments was scheduled for October 4.
In the meantime, we advocate for a more effective plan to replace Congress’ flawed scheme. We believe the solution lies in achieving uniformity in horse racing through state agreements on the best medical science to protect horses. Veterinarians, trainers and owners understand the needs of their animals and should not be hindered by federal agencies or private authorities.
We are all against doping and performance enhancing drugs. However, the solution to these problems should not involve destroying the industry by restricting the ability of veterinarians to administer therapeutic drugs. Horses, like humans, need medical care, and we must trust veterinarians to provide it, with states ensuring clean and fair standards.
That belief is the basis of the new Racehorse Health and Safety Act, introduced in Congress last week by Louisiana Republican Rep. Clay Higgins. This law provides a science-based, state-led alternative to the previous law. It’s time to give riders and horses the excellent attention and fair competition they deserve.
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