Authority Wants Judge to Dismiss Wong’s Lawsuit Against HISA

[Wandering Eyes]

Defending itself in a constitutionality lawsuit initiated by the trainer Jonathan Wong, the Horseracing Integrity and Safety Authority on Friday told a federal judge in Louisiana that the court should either toss out Wong's case entirely or hold off on letting the litigation proceed while the Supreme Court of the United States decides whether it will take on one of three active requests stemming from different cases whose parties all want the nation's highest court to weigh in on similar constitutional issues Wong raises in his lower-court lawsuit.

In a related Nov. 22 filing in U.S. District Court (Western District of Louisiana, Lafayette Division), the Authority also asked the court to deny Wong's motion for a preliminary injunction.

As TDN's Dan Ross reported Oct. 19, Wong is currently fighting a two-year ban under Horseracing Integrity and Welfare Unit (HIWU) rules because of a banned-substance positive test for a human diabetes drug, metformin, that was detected in one of his winning trainees in a June 1, 2023, race at Horseshoe Indianapolis.

Wong can, however, start horses in Louisiana and West Virginia, because they're the only two states in America where Thoroughbred medication testing and enforcement are not subject to oversight by the Horseracing and Safety Integrity Act (HISA) and HIWU. A preliminary injunction related to a different case is in effect in those two jurisdictions while a separate HISA-related lawsuit also plays out in federal court.

Wong's stable is currently operational in Louisiana at Delta Downs and Fair Grounds.

According to the Authority, Wong's decision to file his federal lawsuit in that state is allegedly why it should be tossed out.

“First, the Court should dismiss this case under [federal rule, because] venue is not proper in this district,” the Authority's filing stated. “No substantial part of the events giving rise to Plaintiff's claims occurred [in Louisiana], and neither Defendants nor Plaintiff resides here.

“Plaintiff's purported Louisiana address is an equestrian facility, which is not Plaintiff's permanent home,” which, the Authority added, “all known records indicate remains in California.”

Alternatively, the Authority suggested, “the Court should order limited discovery on the issue of Plaintiff's domicile” to decide whether venue is proper.

Next, the Authority argued, Wong's lawsuit doesn't belong in a Louisiana federal court if a different preliminary injunction is already keeping HISA from being the law of the land in that state.

“Second, the Court should dismiss this case for the independent reason that the Court lacks personal jurisdiction over the Authority,” the filing stated. “The Authority does not have the requisite 'minimum contacts' with Louisiana because the Authority is not enforcing rules under HISA in Louisiana as to Plaintiff (or anyone else).

“Because all the underlying conduct occurred elsewhere-a California trainer was sanctioned after his Kentucky-based horse tested positive for a banned substance at a race in Indiana-this litigation does not arise out of or relate to any Authority contacts with Louisiana either.

“Indeed, Plaintiff's suspension under HISA does not even apply in Louisiana,” the Authority's filing stated. “Accordingly, the only connection between this lawsuit and Louisiana is Plaintiff's decision to bring suit here [and] the Court's lack of personal jurisdiction over the Authority compels dismissal of this entire suit.”

Wong's complaint, filed Oct. 15, stated that HISA's delegation of federal regulatory power to the Authority allegedly violates the U.S. Constitution's private nondelegation doctrine and the Seventh Amendment's right to a jury trial.

“Wong also brings this action because the Authority's enforcement of the HISA Rules against him-through a contracted private entity-violated Wong's Due Process rights,” the trainer's  complaint stated.

“Relatedly, Wong brings this action to appeal the final decision and civil sanctions imposed against him from the Authority's enforcement action,” the complaint stated.

“The Court should declare HISA and the HISA Rules to be unconstitutional, preliminarily and permanently enjoin Defendants from enforcing HISA and the HISA Rules against Wong, and vacate the final decision and civil sanctions imposed against Wong,” the complaint stated.

Wong's legal team will have a chance to file a written response to the Authority's motion to dismiss the case.

 

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