A federal judge in Texas on Friday ordered the Horseracing Integrity and Safety Authority to cease enforcing a new set of rules involving medications and illegal drugs until May 1. Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas issued the 30-day injunction in response to a request for an emergency injunction filed Monday by the National Horsemen’s Benevolent and Protective Association and the state of Texas. In the filing, the plaintiffs had asked Hendrix to rule in an expedited manner on the request. The National HBPA and Texas had filed the request on the same day the Federal Trade Commission announced its approval of a tranche of rules under HISA’s Anti-Doping and Medication Control Program. HISA began enforcing the rules in relevant jurisdictions the same day. In the request, the plaintiffs argued that the Administrative Procedures Act “normally” requires a 30-day waiting period prior to the implementation of new rules. In his ruling, Hendrix wrote that the normal procedures should have applied to the enforcement of the ADMC rules. “When an agency issues a substantive rule type – the type of rule that controls our behavior – it must ordinarily wait 30 days between when the rule is issued and when it takes effect,” Hendrix wrote. “This ensures that regulated parties have the time to challenge the rule’s validity or bring themselves into compliance. But the anti-doping rule took effect the same day that it was published as final. As a result, the rule [was] issued in violation of the APA, so the plaintiffs – and everyone else – will get their 30 days.” Hendrix also wrote that his ruling has “limited scope,” in that the decision impacted only the violation of the 30-day period required by the APA. He wrote in his decision that he would not consider arguments made by the plaintiffs regarding other legal issues raised in their filing. HISA officials said Friday night during a conference call with reporters that they would abide by the ruling and would not appeal the decision.  “Obviously, we are disappointed by the decision,” said Lisa Lazarus, chief executive officer of HISA. “We’re going to suspend operations for 30 days, and we’re going to hand the keys back to the states to essentially run the anti-doping programs through their processes. . . . Ultimately, we’re here to serve the industry and we just think [appealing the decision] creates more chaos.” :: Take your handicapping to the next level and play with FREE DRF Past Performances - Formulator or Classic.  The ADMC rules cover a wide range of regulatory protocols and procedures, including sampling, testing, permitted medications, banned drugs, investigatory powers, and adjudications. During the stand-down, states will go back to being responsible for those duties, Lazarus said. She acknowledged that the cessation of HISA regulatory duties could create some complications, and she said that HISA would work with states on any transition issues that might arise.  “We’re providing all the administrative and operational assistance to the racing commissions that we can,” Lazarus said.  In a release, the National HBPA said that its filing before the court “demonstrated that enforcing new rushed medication rules prior to the running of Florida Derby and Arkansas Derby and several other races would cause harm.” Both of those major Kentucky Derby preps are scheduled for Saturday.  “It was reckless and irresponsible of the Authority and the FTC to rush to implement these brand new rules this weekend,” Eric Hamelback, the chief executive of the National HBPA, said. “Horsemen need time, and we were glad to stand for them once again.”  HISA conducted educational outreach efforts and training sessions for months prior to the March 27 announcement of the FTC approval. Officials for the authority had repeatedly said in the lead-up to the date that they expected to enforce the rules on March 27 if the FTC issued its approval on that date, the last day the FTC could issue its approval under a 60-day review period established by HISA’s enabling legislation. Hendrix wrote in his ruling that the 30-day waiting period required by the APA has some exceptions, but that “no exception applies here.” He also noted that HISA and the FTC, in their response to the request for an injunction, did not “meaningfully address” the alleged violation raised by the plaintiffs. Hendrix also wrote that the “balance of interests” justifies the 30-day waiting period. “The plaintiffs have shown a serious risk of harm – potential physical injury to racehorses, potential disqualification from Triple Crown prep races, and the burden of coming into compliance with a new anti-doping regulatory scheme without the legally required delayed effective date,” Hendrix wrote. The Friday ruling is the latest in a series of legal decisions that have throttled the progress of HISA in the face of aggressive resistance from the National HBPA, its affiliates, and a number of state racing commissions and state attorneys general. Two years ago, the National HBPA filed a lawsuit in the U.S. District Court for the Northern District of Texas challenging the constitutionality of HISA’s enabling legislation, but Hendrix dismissed the suit. On appeal, however, the U.S. Fifth Circuit Court of Appeals – which is a favored venue for conservative causes due to its judicial track record – issued a decision in November of last year calling the enabling legislation “facially unconstitutional.” Separately, a lawsuit filed in 2021 by a number of racing commissions, racetracks, and state attorneys general challenging HISA’s constitutionality also was dismissed in a U.S. District court in Kentucky. But on appeal, the U.S. Sixth Circuit Court of Appeals issued a decision contrary to the U.S. Fifth Circuit, in part by citing an amendment passed by Congress late in 2022 that sought to rectify the legal concerns raised in the Fifth Circuit decision. Hamelback said on Saturday that he expects the Supreme Court to strongly consider petitions to decide the constitutional issues later this year, a prediction shared by a large number of lawyers connected to the case.   HISA, a private, non-profit company, was created by federal legislation passed late in 2020 to be a federal regulator of horse racing. :: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.