Editor’s Note: The following is a statement from ARCI President Ed Martin on the FTC approval of HISA ADMC rules

Lexington, KY — The Thoroughbred horse racing industry should remain concerned that penalties imposed under the HISA rules are not stayed indefinitely by appellants with talented legal representation as a result of the unresolved constitutional issues still pending. In reversing its prior decision to now approve federally preemptive rules to replace state rules based on solid law, we remain concerned as to how this will play out going forward.

The industry and ultimately the public will not be served if the unresolved constitutional issues are reason to prevent cheaters from being promptly sanctioned once the case is proven.

It is our hope that the HIWU adjudication will not result in more lenient “plea bargains” as a way to avoid appeals to the courts where suspensions and fines could be stayed pending resolution of the constitutionality of the HISA Act.

It is sad that the original proponents of the HISA Act have so far failed to come together with the considerable constituencies challenging it in the courts to forge a workable alternative that everyone can live with that will also mitigate the economic impact of the new program on the racetracks and industry.

Unless something changes as a result of court action, we wish HISA and the HIWU staff well as they assume total responsibility for enforcement in this area.