Harrisburg, PA — Russell Williams, the president of the United States Trotting Association, on Tuesday (May 25) requested that the Pennsylvania Horse Racing Commission join a federal lawsuit that challenges the constitutionality of the Horseracing Integrity and Safety Act, which became law in late December 2020 and is scheduled to take effect July 1, 2022.

The USTA Board of Directors in April voted 35-8 to join the suit, one of two legal challenges to HISA. The USTA joined the suit that includes the State of Oklahoma, the State of West Virginia, the racing commissions from both of those states, several racetracks and Quarter Horse interests.

“I can assure you the USTA is not going to do it,” Williams told PHRC members. “It’s not often states go into federal court to attack the constitutionality of a federal law.”

USTA President Russell Williams addressed the Pennsylvania Horse Racing Commission Tuesday. Mark Hall/USTA Photo.

Williams, also president and chief executive officer of Hanover Shoe Farms, made a presentation to members of the PHRC during the regulatory agency’s monthly meeting. He noted that the HISA nominating committee already has named members of the board of directors of the Horseracing Integrity and Safety Authority as well as members of two standing committees and said the individuals “are not subject to confirmation by any elected officials.”

Though HISA only mentions Thoroughbred racing, it does contain language that would allow individual state racing regulatory agencies to include other breeds. Williams said it’s not clear whether state racing commissions have the power to abdicate authority to the HISA board, but he expects some states to include the Standardbred industry.

Williams said he supports the proposed Racehorse Health and Safety Act, which was generated by the North American Association of Racetrack Veterinarians and written by constitutional lawyers. The measure would retain state government authority, create a compact under federal law and maintain different rules for Thoroughbred, Standardbred and Quarter Horse racing. It would allow for continued controlled use of the race-day medication Lasix.

“This is the law that should have passed instead of HISA,” Williams said.

Williams identified other issues he has with HISA: There is no defined funding mechanism, and hasn’t been since similar bills were introduced almost 10 years ago; the cost of drug testing and enforcement under the United States Anti-Doping Agency; investigatory costs under any company hired by HISA; who will pick up the tab for HISA’s legal bills; the future of equine research work and drug testing currently performed by the University of Pennsylvania; and the potential for termination of racing commissions and racing operations in some states.

“It’s clear HISA will be crushingly expensive,” Williams said. “What’s happening now in Florida (regarding Pompano Park) will happen to us all.”

The PHRC took no action on the request, though Russell Redding, chair of the PHRC and secretary of the state Department of Agriculture, said: “There is certainly a lot to think about. We will take this under advisement and we recognize the significance of this action.”

Redding suggested more information is needed on the “intersection” of HISA and state regulatory agencies and the impact it will have on state racing industries and regulation.

Williams said he has been in contact with the Pennsylvania State Attorney General’s office concerning the lawsuit.

In other business at the PHRC meeting, the commission approved a revised regulation regarding use of clenbuterol — removing the testing threshold and allowing only for necessary treatment with approval from regulatory veterinarians — but it only pertains to Thoroughbred racing. The Standardbred regulation remains intact.

Also, Tom Chuckas, director of the PHRC Thoroughbred Bureau, said the agency restarted its “enforcement actions” given the loosening of COVID-19 restrictions with a two-day visit to Parx Racing, where more than 60 vehicles were searched as were six barns, three veterinary offices and five dorm rooms, and 66 out-of-competition testing samples were taken. He said a “significant amount of contraband was found” and some may carry an “account of investigation.”

Chuckas said other tracks in the state will have similar enforcement actions now that the program is back in place.