Putting the Fate of the “Sport of Kings”in the Hands of the Federal Government

Abstract

The sport of horseracing is rich in history, dating back to the Greek Olympic games in 666 B.C. Horseracing in America and equine law both developed from horseracing in England. From the colonial times to post-Civil War, horse racing was reserved for the wealthy elite. After World War II, horse racing became a business and the horse became a great monetary investment. These new economic factors and the development of synthetic steroids prompted many trainers to administer steroids and other drugs to give their horse a competitive edge. While steroids are banned today, there is one drug that is threatening the horseracing industry: Lasix. Lasix is used as a prophylaxis for Exercise-Induced Pulmonary Hemorrhage, but the controversies regarding Lasix are dividing the industry. Horseracing is regulated on a state-by-state basis,resulting in different rules and standards in each racing state. Recently, there has been a call for uniformity and Congress has stepped in to achieve this uniformity through a bill called The Horse Racing Integrity and Safety Act of 2020. This bill prohibits the use of medications 48-hours prior to a race. This includes the widely used race-day Lasix, unless a study completed within the first three years reports that Lasix is beneficial for the horse and does not act as a performance enhancer. Given the nature of the industry, the results of completed Lasix studies and the opposing viewpoints, if this bill were to become law, I predict that Lasix will likely be prohibited. Furthermore, the bill has some potential issues that will likely create problems for all racing states. While I conclusively agree that uniformity is needed, I do not believe the Horse Racing Integrity and Safety Act of 2020 will achieve the needed uniformity as written. I end this thesis by providing an alternate proposal to address these potential issues.