The Ohio HBPA filed suit against HISA regarding the HISA assessment fees on February 4th, 2025 in the United States District Court for the Southern District of Ohio Eastern Division.\
The suit alleges, amongst other claims, that the assessment fees HISA is charging Ohio’s horsemen are arbitrary and do not comply with the language of the Horse Racing Integrity and Safety Act of 2020.
The Ohio HBPA board has never agreed to pay any assessment fees to HISA since its inception, instead maintaining that HISA is an unconstitutional delegation of Government powers to a non-government entity.
In September 2023 the Ohio HBPA and HISA entered into an escrow agreement whereby the Ohio HBPA agreed to place the assessment fees that HISA alleged were owed into an escrow account which wouldn’t be disbursed to either party until the Federal Court system determined the constitutionality of HISA. Last year that agreement was extended until October 2024. The escrow account balance is currently in excess of $3,500,000.
With the expiration of that agreement HISA informed the Ohio HBPA that they no longer had a desire to extend the escrow agreement and instead on January 22, 2025 sent an email to Penn Entertainment Vice President of Racing Chris McErlean stating that HISA was imposing a per start fee of $177.97 at Mahoning Valley Race Course beginning February 3, 2025.
This is what led to the Ohio HBPA’s court filings which include a motion for Preliminary Injunction against HISA. The case has been assigned to Judge Edmund Sargus Jr. and is numbered 2:25-cv-00098.