An acting New York State Supreme Court judge has ruled the New York Racing and Wagering Board regulations on out-of-competition testing “require nullification in their entirety.”
The ruling stemmed from a lawsuit filed three years ago by the Standardbred Owners Association of New York and the Empire State Harness Horsemen’s Alliance. Justice Mark Powers issued a decision in the case Aug. 15.
The SOANY in a release noted the court recognized the racing industry understands the importance of equine drug testing but also questioned the NYSRWB regulations. The Supreme Court also found horsemen’s concerns weren’t addressed when the regulations were adopted.
In January 2010 the NYSRWB announced it had adopted new regulations for out-of-competition testing for Standardbreds and Thoroughbreds. The changes permitted testing of horses located on the grounds of New York racetracks as well those located off site within 100 miles of a New York racetrack.
Out-of-competition testing is used primarily to detect blood-doping agents in racehorses.