HISA CEO Lazarus Addresses Criticisms

In a recent op-ed, Eric Hamelback, the CEO of the National Horsemen's Benevolent and Protective Association, argues that the Horseracing Integrity and Safety Authority is drifting beyond its lane. This op-ed must be read against the backdrop of the HBPA's unrelenting mission (1) to prevent the passage of the Horseracing Integrity and Safety Act by repeatedly testifying against the proposed legislation during congressional hearings and (2) to dismantle HISA via various lawsuits—a campaign that has spanned five years and three federal appellate courts and has resulted in millions of dollars of expenditures that the industry has had to shoulder. Imagine if that money and effort instead had been invested in the many needs with which the industry continues to wrestle? We should be focused on channeling the resources we have towards building rather than bulldozing. Mr. Hamelback begins his latest criticism of HISA by arguing that the act sets forth a "specific purpose: to establish uniform medication control and racetrack safety standards." According to Mr. Hamelback, "Nothing more was written into the legislation." Unfortunately, he seems to have read only a portion of the act. What the act actually says is that HISA, among other things, shall "exercise independent and exclusive national authority over—(A) the safety, welfare, and integrity of covered horses, covered persons, and covered horseraces; and (B) all horseracing safety, performance, and anti-doping and medication control matters for covered horses, covered persons, and covered horseraces..." [15 U.S.C. § 3054(a) (emphasis mine)]. Congress did not task HISA with a narrow, box-checking exercise of the kind Mr. Hamelback describes. Instead, HISA's mandate is to promote the health and welfare of covered horses and the jockeys who ride them and to improve safety and integrity across the sport of Thoroughbred racing. Congress did provide that HISA's authority would not go unchecked, however. Every rule that HISA promulgates must be submitted to and approved by the Federal Trade Commission before it takes effect. Jockeys' Mental Performance: A Safety Necessity Mr. Hamelback believes that HISA is engaging in "mission creep" by, for example, supporting jockey mental health initiatives. Drawing a distinction between mental and physical health is exactly what contributes to the stigma around seeking emotional support—when both are equally essential. I doubt Mr. Hamelback would argue that HISA exceeded its mandate by implementing a national concussion protocol or setting standards for the types of helmets jockeys are permitted to wear. The physical and psychological pressures that come along with being a jockey are enormous. Riding at speeds of approximately 40 miles per hour, their mental performance can have profound implications for their own safety and the welfare of other riders and horses on the racetrack. HISA, in partnership with the Jockeys' Guild, has pursued various programs designed to support jockeys, including by giving them access to a mental health performance platform staffed by retired professional athletes, therapists, and psychiatrists. The cost? 0.013% of HISA's total budget. And the benefit is that jockeys who might otherwise not have access to professional and confidential mental health support now have it. There is no question that this program makes all racing stakeholders safer. Avoiding Euthanasia: Eight Horses Alive Today Mr. Hamelback also takes issue with the HISA Equine Recovery Foundation. Again, it's important to start with the facts. HERF is a separate, independent 501(c)(3) charitable organization, whose costs and expenses are funded 100% by voluntary private donations. HISA aided in the launch of HERF to further HISA's mandate to promote the safety and welfare of Thoroughbred horses. Despite launching formally only a few weeks ago, HERF has already taken in eight horses that otherwise would have been euthanized. These were all covered horses at the time HERF assumed responsibility for their care; all eight responded positively to the medical treatment provided by HERF and are now thriving. HERF fills a significant gap in the existing Thoroughbred welfare infrastructure by funding the full cost of life-saving acute care, rehabilitation, and long-term recovery for racehorses with career-ending but treatable injuries. Nothing threatens racing's social contract more than the euthanasia of horses injured during racing or training. This is especially so when a horse is euthanized for financial or logistical reasons and not because it would be the most humane outcome. HERF is a fix that the industry very much needed. HISA Cannot Exist in a Vacuum Mr. Hamelback goes on to criticize HISA for soliciting feedback and engagement from its stakeholders. HISA is not authorized, he says, "to lead industry governance discussions." The purpose of bringing trainers, owners, racetrack executives, veterinarians, and others to the table for discussion and collaboration is to ensure that our rules are responsive to the industry's needs and are realistic. Engagement with stakeholders means that rules are not created in a vacuum and that we can be responsive if we did not get it right on the first try. In fact, HISA has made many changes in response to feedback from industry stakeholders. This is the sort of collaboration that the HBPA should be embracing, not criticizing. Congress passed the bipartisan act in the wake of high-profile equine fatalities and doping scandals. The broad perception was that the sport had failed its horses and riders. Whether we, as a society, could continue to justify racing's existence was a very real question. HISA stepped up to close many gaps in the sport's safety and welfare infrastructure—and that is something that the industry should bank as a win. We understand that the HBPA disputes the constitutionality of the act, and that is a dispute that will continue to unfold in federal court. In the meantime, HISA will continue to keep its head down and diligently build programs that move the industry forward. And we will do that transparently and unapologetically. Lisa Lazarus CEO, Horseracing Integrity and Safety Authority