CHARLESTON, WV (WVNS) — West Virginia Attorney General Patrick Morrisey announced he was granted a preliminary injunction that was against a federal agency’s rules in West Virginia and Louisiana.
The federal court order will prevent certain rules of the authority of the Horseracing Integrity and Safety Act from being used in those two states until a lawsuit challenging it’s rules is decided in the future. Specifically, the injunction covers the authority’s Racetrack Safety Rules, Enforcement Rules, and Assessment Methodology Rules.
“We are glad the judge realized the potential for harm to the horseracing industry in West Virginia was so serious that the injunction was warranted. We feel confident that our challenge to the legality of HISA will likewise have a favorable result.”Attorney General Patrick Morrisey
The act involved with this lawsuit was signed into law on December 27, 2020. The main purpose was to address issues that are threatening the horse industry under the pre-existing state-by-state regulations that governs it. Under this act, a “private, independent, self-regulatory, non-profit corporation,” HISA, was created. The sole purpose of this was to develop and utilize “a horseracing anti-doping and medication control program and a racetrack safety program for covered” horses, persons and horseraces.
In two other related suits, West Virginia, along with other states, disagreed that the act wrongfully gives power to a private entity, takes control over state authority and traditional rules, and led to executing regulations that do not observe with other federal laws.
To clarify, the Horseracing Integrity and Safety Act is funded by states and the racing industry, not by congress.