Federal law promoting safety of horses and jockeys has driven down on-track deaths, even as some outliers in Thoroughbred and Standardbred racing networks seek to dismantle law
Washington, D.C. — Animal Wellness Action and the Center for a Humane Economy reacted favorably to news that the Supreme Court of the United States declined to hear a challenge to the newly implemented Horse Racing and Safety Act. That means a ruling by the Court of Appeals for the Sixth Circuit upholding the constitutionality of the Horseracing Integrity and Safety Authority stands. Track safety standards for Thoroughbreds in competition remain in place in the vast majority of states.
The two groups were among major advocates for passage of the Horseracing Integrity and Safety Act and the set of new safety rules that went into effect about a year ago. HISA was enacted in 2020 and then strengthened by Congress in 2022. Several horse racing industry groups challenged the law, including the appeal that came to SCOTUS from the Sixth Circuit ruling. That Court deemed the 2022 amendments to the original version of HISA remedied any prior problems with the law, and the Supreme Court denied to hear an ensuing appeal.
Two other cases are pending in federal court, one in the Fifth Circuit and one in the Eighth Circuit. Court watchers say today’s denial of writ of certiorari by the Supreme Court bodes well for HISA in those cases.
“Since Thoroughbred tracks began complying with HISA strictures, there has been a dramatic drop in racing-related deaths,” said Fred Hudson, director of equine welfare for Animal Wellness Action and the Center. “We are confident that the same improved outcomes would save horses’ lives if they were applied to the standardbreds on harness tracks.”
HISA is making a difference, as reported in HISA’s first quarter 2024 metrics report. The agency identified a 38 percent decrease in racing-related fatalities year over year. Racetracks operating under HISA’s rules and running races in the first quarter reported 0.84 racing-related equine fatalities per 1,000 starts, compared to 1.35 racing-related equine fatalities per 1,000 starts in the first quarter of 2023.
Not all Thoroughbred tracks are under HISA control, however, with racing commissions in several states refusing to comply. They include Texas, Louisiana, and West Virginia. In those places and at other tracks not operating under HISA, deaths continue to occur with greater frequency compared to HISA tracks.
Leaders of the groups say that the next step is to bring under HISA’s medication and safety control what remains of the harness racing industry, a sport that now exists in only 14 states, but which still results in many racing-related injuries and deaths each year.
“Harness racing has always had accidents, but the recent number of accidents is shocking,” said Fred Hudson, director of equine welfare for the groups.
Nine accidents have occurred at eight different tracks since May 8, leading to the deaths of seven horses and trips to the hospital for seven drivers. Hudson said the spate of tragedies is not dissimilar to the run of breakdowns that characterized the 2023 spring races, most notably at Churchill Downs.
“Our race tracks should not be allowed to turn into crash sites again,” said Wayne Pacelle, president of the animal-welfare organizations. “The Horseracing Integrity and Safety Act is good for horses and jockeys at the center of the enterprise, and it’s good for the industry. It’s amazing that some actors in the industry are so addicted to seeing trainers administer performance-enhancing drugs that they fail to see the protective value of the law for an industry they claim to love.”
“Harness racing should embrace a regulatory regime that more quickly resolves disputes, is creative about improving racing integrity, and in its short life has shown it can save more racehorses,” said Andrew Cohen, a Standardbred owner and breeder who writes a weekly column at Paulick Report.
“Everyone in harness racing should be helping those who are working behind the scenes to prepare for a transition to HISA if and when that day comes. And it can’t come soon enough for those of us frustrated by state racing commissions,” he said.