Oklahoma Judge Again Denies TRO Against HISA

A federal judge in Oklahoma declined to issue a temporary restraining order against the Horseracing Integrity and Safety Authority following an Aug. 7 hearing.

The Aug. 8 order denied a motion filed by eight Oklahoma racehorse owners, trainers, and an assistant trainer. Seven of those plaintiffs were among other individuals who brought and voluntarily dismissed a similar lawsuit involving almost identical claims over a year ago. The present filing sought to block HISA from overseeing the upcoming meeting at Remington Park.

The hearing Aug. 7 was held with the participation of attorneys on both sides of the dispute before Chief Judge of the United States District Court for the Western District of Oklahoma, Timothy D. DeGiusti. He had previously declined to issue an emergency temporary restraining order before notice of the matter was given to HISA and the Federal Trade Commission, another defendant.

Following the Aug. 7 hearing, DeGiusti found the plaintiffs “failed to make a sufficient showing of irreparable harm to warrant the extraordinary remedy of injunctive relief, particularly the issuance of a TRO” and directed the lawsuit to “proceed in the usual course in which all parties have the opportunity to make, and the Court has the ability to consider, an orderly presentation…”

The case in Oklahoma was filed with a backdrop where two federal courts of appeal have found HISA’s rule-making authority is constitutional. The two courts are split on whether HISA’s enforcement powers are constitutional.