Holleman & Associates, P.A.

11/28/2025

06/30/2025

The challenge to HISA's constitutionality was sent back to the Fifth Circuit for further consideration in light of the Supreme Court's decision in FCC v. Consumers’ Research. As we mentioned on Friday, this isn't good news for those hoping to see HISA found unconstitutional.

We'll post more on this soon.

Issue: (1) Whether Congress can empower a purportedly private nonprofit entity to regulate an entire industry nationwide through rulemaking, adjudication and enforcement powers, and therefore to exercise significant authority pursuant to the laws of the United States, without proper appointments und...

06/27/2025

Today is the last day of the Supreme Court's current term. Most of the national media will focus on the decision about the birthright citizenship/nationwide injunction opinion. But for the horseracing industry, the most important opinion of the day was FCC v. Consumer's Research, which rejected arguments that the universal service fund (a charge that telecommunications providers assess on customers in order to subsidize the cost of providing communication services to those in rural areas) was unconstitutional because of the nondelgation doctrine.

What does this have to do with horseracing, you might ask? Similar arguments were made in the cases arguing that the Horseracing Integrity Safety Act was unconstitutional.

If you were hoping to see HISA declared unconstitutional, you are going to be disappointed with this opinion.

We'll post a more detailed analysis soon.

06/20/2025

Our office is located in the historic Ward-Hayes House, once a penitentiary leased by Zeb Ward in the 1870s. Zeb Ward was also a lifelong "man of the turf," who owned racehorses that competed all over the country, including at Saratoga and Monmouth Park.

Somone even thought to name a horse after Ward! In the 1888 Kentucky Derby, ZEB WARD had the lead turning for home before fading to seventh place.

06/16/2025

Interesting decision from HIWU's Internal Adjudication Panel. A trainer's assistant was accused of administering an substance to a horse before a race by a regulatory vet. This was a 100% he-said-she-said case. There was no video evidence, used syringe, or test results. There were not even multiple witnesses to the incident -- just a regulatory vet who said she saw something administered to the horse, which the assistant trainer denied.

This case is a good reminder that, under the regulations, HIWU has the burden of proving a violation occurred "to the comfortable satisfaction of the panel," which is a higher standard than preponderance of the evidence but a lower standard than clear-and-convincing evidence. In many cases, all HIWU will need is test results or some other physical evidence to meet its burden. But, at least for this panel, the testimony of a single eyewitness was not enough to carry the burden.

06/13/2025

New blog post!

Junior Alvarado is facing a $62,000 fine and a two-day suspension for his ride in the Kentucky Derby on SOVERIGNTY. Junior is appealing his suspension, but you might ask what rule he allegedly broke.

06/11/2025

HIWU sent a "reminder" this morning that the use of Hemo 15 (or products mimicking Hemo 15) and any product containing adenosine are banned in horseracing and should be disposed of immediately.

Although neither substance is on HISA's banned substances list, the regulations prohibit the use of any pharmacological substance that has no current approval by any governmental regulatory health authority for veterinary or human use AND is not universally recognized by veterinary regulatory authorities as a valid veterinary use. In other words, unless the government has approved a pharmacological substance and almost every veterinary authority thinks the substance has a valid use, the substance is banned.

The penalties for using, or even possessing, a banned substance are severe: a two-year suspension and a fine of up to $25,000.00, not to mention public disclosure of the allegation and possible loss of purse money.

In my opinion, the public disclosure of these allegations is damning, both for the individual trainer and for the sport as a whole. The public simply assumes that the sport is corrupt and horses are being doped; rather than dwelling on the fact that products containing these substances are widely used with horses, are available at many veterinary supply companies, and are sometimes even marketed as vitamins and supplements.

Trainers and veterinarians should certainly make sure that they do not possess or use Hemo 15 or products containing adenosine. Beyond that, they should also carefully evaluate any product that they use in their operation to determine whether it might be considered a banned "pharmacological substance" even if it is not on HISA's list of controlled or banned substances.

06/05/2025

Probably not the landmark decision that some media is making it out to be, but it is an important reminder that Title VII prohibits discrimination against an individual based on their protected status (e.g., race, color, religion, s*x, or national origin), even if that individual is in a majority group.

If you believe you were the victim of unlawful discrimination, call our office to learn about your rights and how to go about enforcing them.

The Supreme Court's decision, which landed amid a backlash to diversity programs, could increase "reverse discrimination" lawsuits.

06/03/2025

Very thoughtful letter about some of the issues with HISA's current design. Fair or unfair, it's the system in place right now. So if you find yourself the subject of an investigation by HISA, HIWU, or state regulators, give us a call to see if we can help you navigate the process.

Bealmear accepted a four-month suspension, but he argues that the substance in question neither contained a banned substance, nor should it be considered one

05/18/2025

Associate Tim Steadman was honored to speak at the 39th annual National Conference on Equine Law a few weeks ago. The University of Kentucky not only does a great job developing basketball coaches for the Razorbacks to hire away, but they put on a great program every year. Already looking forward to next years’ conference.

One of the biggest takeaways is to be careful what you put in writing