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.

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.

W.Va. Woman Who Took Part In Capitol Insurrection Makes First Court Appearance, Released On Bond

A 23-year-old University of Kentucky student from West Virginia made her first court appearance and was released on bond Tuesday after being charged for her role in the Jan. 6 insurrection on the U.S. Capitol.

Gracyn Courtright appeared Tuesday in U.S. District Court for the Southern District of West Virginia and waved her right to a preliminary hearing, which would have given her an opportunity to dispute whether she is the person federal authorities are seeking.

Courtright, of Hurricane, West Virginia, was charged over the weekend in the Superior Court of the District of Columbia with entering a restricted building, disruptive conduct in a restricted building, disorderly conduct and theft of government property.

With U.S. Magistrate Judge Dwayne L. Tinsley presiding, Courtright — who appeared in the Charleston courtroom in handcuffs — was released on $10,000 unsecured bond with conditions.

Those include Courtright not breaking any federal, state or local laws. She will also have her travel restricted — limited only to the Southern District of West Virginia, the District of Columbia and the Eastern District of Kentucky, where she attends college in Lexington.

Courtright must also turn over her passport and not possess any firearms or weapons.

Tinsley noted in the proceedings that he understood that Courtright’s father owns guns. The public defender appointed to represent Courtright for the initial hearing, Rhett Johnson, acknowledged that to be the case and said Courtright’s father had agreed to have guns removed from the home where his daughter has been staying.

“If you do not comply with these conditions and if you come back to court as a result of that, your bond could be revoked and you could be prosecuted on additional charges,” Tinsley said.

Courtright was to be released from custody after processing with the U.S. Marshal’s office and meeting with her probation officer.

Courtright is one of dozens of people who have been arrested for participating the events on Jan. 6 in Washington, D.C., in which hundreds of pro-Trump extremists broke into the U.S. Capitol and disrupted Congress certifying Democrat Joe Biden’s win in the 2020 presidential election.

FBI officials say they reviewed surveillance video of the capitol on Jan. 6. In one piece of footage, a woman identified as Courtright can be seen carrying a “Members Only” sign that was meant to notify passersby that access to an area was restricted to lawmakers.

Investigators also cited Instagram and Twitter accounts maintained by Courtright. Those accounts have since been deleted, though not before investigators were able to collect various screenshots of posts that link Courtright to the events.

In various posts, Courtright said she “can’t wait to tell my grandkids I was here” and “infamy is just as good as fame. Either way I end up more known,” according to the federal complaint.

Investigators also noted social media interactions in which Courtright said she “thought it was cool.”

West Virginia City Sues for $20 Million Hydro Plant Insurance Claim

A West Virginia city has filed a federal lawsuit seeking a $20 million insurance claim to cover damages at its hydroelectric plant.

The Intelligencer reports that the lawsuit was filed this month in U.S. District Court in Wheeling.

The city’s lawsuit claims Liberty Mutual Insurance Company wouldn’t cover losses at the plant located at the Hannibal Locks and Dam.

The lawsuit says one of the plant’s units was not operational for two and a half years, costing the city money from electricity it could have been producing.

It says bolts and nuts connecting a rubber hub to the turbine shaft were broken or disengaged, among other damages.

The lawsuit says Liberty denied the claim by concluding that the loss fell within an exclusion of coverage.

Former Water Lab Worker Sentenced in False Sampling Scheme

A former water testing lab employee has been sentenced to two years in prison for participating in a false sampling scheme for southern West Virginia coal mines.

The Charleston Gazette-Mail reports that U.S. District Judge Irene Berger sentenced John Brewer on Wednesday to the maximum penalty allowed. Brewer pleaded guilty in September to one count of falsifying water sample reports under the Clean Water Act.

Brewer is a former manager at Appalachian Laboratories in Beckley. Prosecutors said he and other lab workers often backdated water samples to avoid taking more samples that would reveal water quality violations.

Berger said the crime undermined a key part of the nation’s environmental protection program, put communities at risk and allowed companies to discharge excess pollution without fear of getting caught.

Court Documents: Murder Suspect Violated Federal Probation

Court documents show a Nettie man charged with murder recently used methamphetamine while on probation.

The Charleston Gazette-Mail reports that according to a criminal complaint, 44-year-old Terry Lee Hughes shot and killed 45-year-old Kevin Broyles on Saturday at a Nettie home. Hughes was arrested Tuesday.

In 2009, U.S. District Judge Joseph R. Goodwin sentenced Hughes to nearly eight years in prison after he was convicted of federal drug and gun charges. Hughes’ sentence was reduced because of changes to federal drug sentencing guidelines.

He was released from prison in October 2015.

According to a noncompliance report filed in September, U.S. Probation Officer Joshua Gibson wrote that Hughes admitted to using methamphetamine.

Goodwin wrote on the report that Hughes “needs counseling now” and, “The Court orders that no action be taken.”

Exit mobile version