Court Of Appeals Issues Temporary Stay, Lifting Injunction Against HISA In Louisiana, West Virginia

The United States Court of Appeals has issued a temporary stay nullifying a July 26 injunction preventing the Horseracing Integrity and Safety Authority from enforcing its racetrack safety regulations in the states of Louisiana and West Virginia.

For now at least, the stay also makes moot the question of whether the injunction is limited to Louisiana and West Virginia or also applies to Jockeys’ Guild members riding Thoroughbred races in other states. The July 26 order by Terry Doughty, U.S. District Court Judge for the Western District of Louisiana, Lafayette Division, stated that the “geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia,” but also included the phrase “and as to all plaintiffs in this proceeding.”

The Jockeys’ Guild, one of the plaintiffs in the lawsuit against HISA and the Federal Trade Commission, claims Doughty’s ruling applies to Guild members riding in any U.S. state. The Guild had asked the court for confirmation prior to the issuance of the stay by the Fifth Circuit Court of Appeals in New Orleans, La.

The stay was ordered per curiam, with Judges Catharina Haynes, Andrew S. Oldham, and Kurt D. Engelhardt serving on the panel that heard the initial appeal. It was granted temporarily as an administrative stay “pending further consideration of the motion to stay.”

As such, it is unclear how long the stay will be in effect.

 

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