Federal Horse Racing Anti-Doping Regulations Take Effect, Including In W.Va.

West Virginia and Louisiana filed an injunction against the agency in July, keeping the act from being fully implemented while federal proceedings continued.

The federal Horseracing Integrity and Safety Act’s anti-doping program went into effect Monday.

The act creates safety programs and regulates medication for racehorses statewide. It was previously ruled unconstitutional by the 5th U.S. Circuit Court of Appeals last November. The court ruled the act gave too much power to the Horseracing Integrity and Safety Authority and not enough to the Federal Trade Commission.

In response, Congress granted the FTC the authority to oversee the agency. It has now reached agreements with all state commissions and tracks that feature live racing.

West Virginia and Louisiana filed an injunction against the agency in July, keeping the act from being fully implemented while federal proceedings continued. West Virginia Attorney General Patrick Morrisey had previously made statements against the agency’s legality.

A stay from the appeals court halted the injunction, though a revised ruling still blocked certain rules involving access to track records and facilities, calculations of fees paid to the agency by the states and definitions on which horses were covered by regulations.

Days after the original suspension of the rules took effect, a horse collapsed during a race at Mountaineer Casino, Racetrack & Resort in New Cumberland and had to be euthanized.

West Virginia has two horse racing venues: the Mountaineer Racetrack & Resort and the Hollywood Casino at Charles Town Races.

Federal Court Rules In Favor Of States In Horse Racing Rules Case

A federal appeals court has ruled in favor of West Virginia, Louisiana and Texas in a case regarding the implementation of federal racetrack safety rules for horse racing.

A federal appeals court has ruled in favor of West Virginia, Louisiana and Texas in a case regarding the implementation of federal racetrack safety rules for horse racing.

Both the nonprofit Horseracing Integrity and Safety Authority (HISA), and the federal act that created it, were declared unconstitutional by the 5th U.S. Circuit Court of Appeals. Congress originally passed HISA in 2020.

The authority would have overseen safety programs and made decisions regulating doping and medication in horse racing. In the past, these decisions were made at the state level.

The court ruled that the act gave too much power to the agency and not enough to the Federal Trade Commission, which had the power to approve or reject HISA regulations but not to modify them.

Attorney General Patrick Morrisey has previously made statements against the legality of HISA, while animal rights organizations like Animal Wellness Action disagree, calling the act the “sport’s last chance at survival.”

An injunction was previously placed on the agency by the U.S. District Court’s Western District of Louisiana last July, but was blocked by the appellate court. A racehorse collapsed and was euthanized during a race at Mountaineer Casino, Racetrack, and Resort in New Cumberland shortly after the initial injunction.

West Virginia has two racetracks in the state, also including Hollywood Casino at Charles Town Races.

Federal Appeals Court Halts Horse Racing Injunction in W.Va., La.

A federal appeals court blocked a ruling that would have kept the Horseracing Integrity and Safety Authority from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

A federal appeals court blocked a ruling that would have kept the Horseracing Integrity and Safety Authority from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

The hold comes after a preliminary injunction was granted late last month against the agency by a federal court. The U.S. District Court’s Western District of Louisiana originally ruled against the agency, arguing it overstepped its bounds on three rules that went into place nationwide on July 1.

The rules in question included how horses covered by the rules are defined, the ability for investigators to confiscate records from anyone who owns or “performs services on” a covered horse and basing state payments for upkeep partly on race purses.

State officials like West Virginia Attorney General Patrick Morrisey originally praised the injunction, while animal rights groups like Animal Wellness Action condemned it.

The 5th U.S. Circuit Court of Appeals blocked the order Friday as an administrative stay while it continues to consider the case. It’s unclear how long the block will be in effect.

Days after the original suspension of the rules took effect, a horse collapsed during a race at Mountaineer Casino, Racetrack & Resort in New Cumberland and had to be euthanized.

Days After Injunction Blocks Safety Regulations, Racehorse Collapses

A racehorse collapsed and was euthanized during a race Wednesday at a track in the Northern Panhandle. This is the first reported death after an injunction stopped officials from enforcing safety regulations in West Virginia’s thoroughbred racing industry earlier this week.

A racehorse collapsed and was euthanized during a race Wednesday at a track in the Northern Panhandle. This is the first reported death after an injunction stopped officials from enforcing safety regulations in West Virginia’s thoroughbred racing industry earlier this week.

A summary of the race at Mountaineer Casino, Racetrack, and Resort in New Cumberland from horse racing results company Equibase shows the horse, named Little Christy, had a “bad step and fell in mid stretch, being euthanized on the track.”

The injunction stops both West Virginia and Louisiana from following safety regulations from the Horseracing Integrity and Safety Authority. It has been criticized by animal rights groups like Animal Wellness Action, who once more reprimanded the decision after the horse’s death.

The group’s Executive Director Marty Irby said if West Virginia horse racing is to thrive in the long term, the state should get behind the agency and its regulations.

“I can’t really believe it, it’s quite surprising because they’re basically just siding with animal abusers,” Irby said. “It doesn’t make sense for the state.”

State officials like Attorney General Patrick Morrisey praised the decision earlier this week, saying HISA had the potential to harm the state’s horseracing industry.

West Virginia Public Broadcasting reached out to the West Virginia Racing Commission. The agency said it is preparing a statement.

Injunction Halts Horseracing Regulations In W.Va.

A federal judge has granted a preliminary injunction against the Horseracing Integrity & Safety Authority, keeping the agency from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

A federal judge has granted a preliminary injunction against the Horseracing Integrity & Safety Authority, keeping the agency from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

The decision was made by the U.S. District Court’s Western District of Louisiana. The injunction is set to stay in effect until a wider lawsuit arguing against the agency’s constitutionality is resolved.

The suit comes after the Horseracing Integrity & Safety Act was passed by Congress in 2020. The act created a private agency that would develop safety programs and make decisions regulating doping and medication in horse racing. In the past, these decisions were made at the state level.

Attorney General Patrick Morrisey supports the decision, saying he is also confident the lawsuit challenging the legality of HISA will also be decided in the states’ favor.

“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,” Morrisey said in a statement.

Animal rights organizations like Animal Wellness Action disagree, calling the act the “sport’s last chance at survival.”

“It’s a shame to see the federal court side with rogue state operators and officials who continue to help keep doping and animal abuse alive in American horse racing while the bodies of dead horses pile up in Louisiana and West Virginia,” executive director Marty Irby said in a statement. “If these states insist on operating under the status quo, then we will make sure to further highlight every doping incident, death, and scandal in their domains.”

West Virginia has two horse racing venues: the Hollywood Casino at Charles Town Races and the Mountaineer Racetrack & Resort in New Cumberland.

Book Details Groundbreaking African American Horse Trainer in W.Va.

The first African American woman licensed as a racehorse trainer in the United States learned her trade in West Virginia at the Charles Town Racetrack.

Author Vicky Moon explores the story in her new book, “Sylvia Rideoutt Bishop Had A Way With Horses: A Pioneering African American Woman’s Career Training Race Horses.” She is honored at an annual race at the Charles Town Racetrack called the “Sylvia Bishop Memorial Stakes Race.”

Moon spoke with Eric Douglas over Zoom about Bishop’s life and career.

This interview has been lightly edited for clarity.

Douglas: Tell me a little bit about Silvia. You got to know her fairly well in the last few months of her life. Tell me about the kind of person she was.

Middleburg Photo LLC
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Author Vicky Moon

Moon: I met her in 2004, it was about August. By Christmas of that year, she died. We had every week together. I would go over and sit with her, and she would show me photographs of the horses that she had trained. We got along because I talk horse and she talks horse and I just don’t think very many writers would be able to do that. Not only that, maybe it was woman to woman, I can’t answer that. But we got along and we spoke the same language. She was, first of all, unassuming, but she didn’t mind telling me. “Oh, I was the first black woman in the United States to train racehorses.” Her greatest asset was that she wasn’t cocky about it at all. She remained a woman that you would meet on the street.

Douglas: Sylvia was really interesting because she’s African American and a woman and she started training thoroughbred racing horses in the 1930s.

Moon: The track opened in Charlestown in 1933 and she was born in 1920. So in 1934, at the age of 14, she went over there and started, as most people do, male or female, as a groom, a hot walker, cleaning the stalls, doing whatever, but taking it all in every minute.

Douglas: So she was breaking ground on two different levels in the horse business.

Moon: Absolutely, she was breaking ground. The greater challenge was as a woman. And that still exists today. I’ve calculated how many women trainers there have been recently at the track. In Charles Town there was about 10 percent on a Saturday night not too long ago. At Gulfstream, in Florida, on the same day, the percentage was six percent. I travel not just to Charles Town, but I spend winters in Florida. I go to Saratoga. Very rarely do you see a woman as a trainer. You see a woman as a groom, a hot walker, a pony rider, but not as a trainer.

Douglas: You made a great point in the early part of the book about her first connection with a pony, through a pony ride. The cover art of the book is a picture of her on a pony ride in the neighborhood. And that started her on this lifelong journey.

Moon: You know, I was so fascinated with that pony ride because evidently there’s others in the horse business, who can remember such a ride. A man would come around with his pony in the neighborhood, and it really wasn’t much of a ride, it was more of a “sit on the pony and get your picture taken for 25 cents.” And the fact that this photo survived was phenomenal.

Douglas: She went on to eventually become a trainer but she was also an owner. I was struck as much by the fact that she was owning these horses and buying and selling.

Moon: Yeah, I don’t think it was unusual for other people to do the same thing, because they have these claiming races where you put up money or whatever. One particular time, the horse was about done out, according to the owner, who was with Silvia. So she took the horse as her own. And then the horse started to win again.

The book “Sylvia Rideoutt Bishop Had a Way With Horses: A Pioneering African American Woman’s Career Training Race Horses” is available through Amazon.

This story is part of a series of interviews with authors from, or writing about, Appalachia.

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