Horse trainer challenges private enforcers who suspended and fined her
October 16, 2026
Washington, DC; October 16, 2026: An Ohio thoroughbred trainer filed her opening brief in an appeal to the Federal Trade Commission (FTC) today, challenging a federal horseracing enforcement regime that lets private entities investigate, prosecute, and punish trainers without a neutral judge or jury. Erin Thompson alleges that the system created under the Horseracing Integrity and Safety Act violates her constitutional rights by allowing private regulators and agency officials—not independent courts—to impose financial penalties and take away her livelihood.
“Congress cannot hand government power to self-interested private actors and let them punish people,” said Josh Robbins, an attorney with Pacific Legal Foundation. “When the government seeks to fine someone or take away their livelihood, Americans are entitled to a neutral judge and a jury of their peers. Ms. Thompson deserves the opportunity to defend her career in a forum with all the constitutional protections to which she is entitled.”
Thompson trains thoroughbred racehorses. In 2025, one of her horses tested positive for clenbuterol, a decongestant that is banned in horseracing unless prescribed by a veterinarian. Thompson denied the charge. The case was handled inside a private enforcement system that investigates alleged violations, brings charges, and decides punishments without a neutral judge or jury and without sufficient government oversight. A private arbitrator suspended her for two years and fined her $25,000.
Her appeal before the FTC’s administrative law judge challenges the private enforcement structure and the denial of a jury trial before civil penalties are imposed. If the agency denies her appeal, Thompson will file a lawsuit in federal court.
A victory would protect Thompson and others from being punished by unaccountable private regulators and reaffirm that constitutional rights do not disappear when Congress tries to delegate government power.
Pacific Legal Foundation represents Thompson free of charge. The case is Erin Thompson v. Federal Trade Commission.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 21 cases litigated at the U.S. Supreme Court.