WHO GAVE HIWU
THE GAVEL?
Pacific Legal Foundation pulls the Horseracing Integrity and Safety Authority and the Horseracing Integrity and Welfare Unit out of their own house and into an Article III court—at no cost to our clients.
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Do you have a HISA or HIWU charge you’d like Pacific Legal Foundation to review? Click here to submit a case.
The agency that writes the rules also runs the court.
A HISA or HIWU notice can come from many directions. A positive sample at a race. A welfare complaint. A jockey’s crop count. A registration question. A request for cooperation in an investigation. Different rules, different categories, same destination: a tribunal that HISA built, and HISA runs.
Regardless of which rule you allegedly broke, the private agency investigates the case, charges it, and selects the adjudicator who hears it. You have a short response window—sometimes as little as seven days—and limited means to collect your own evidence. If you lose, the case goes to the Federal Trade Commission. After that, federal court.
The penalty depends on the rule. A controlled medication finding can run a few hundred dollars and forfeiture of the race. A banned substance violation carries the standard $25,000 fine and a two-year suspension. A welfare or prohibited practice charge can reach $50,000 on first offense and $100,000 on second. Riding crop violations scale with the purse—fines from $150 to $750 plus suspension days. Registration violations sit at the same Rule 8200 schedule. The numbers vary. The architecture doesn’t.
HISA writes the rules. HISA files the charge. HISA hears it.
The FTC decides the appeal.
The whole bench is theirs.
That is not how American courts work. That is how horseracing’s tribunal works.
Ask our client Phil Serpe: over forty years in the sport, three Grade 1 winners, a trace finding at Saratoga in 2024. He has been serving a two-year suspension since 2025. PLF represents him in federal court against HISA and the FTC.
The process is the punishment.
We consider cases that put HISA's process—not just its outcome—on trial.
→ Trainers facing a HIWU charge letter or any HISA enforcement action
→ Owners and Responsible Persons facing welfare, prohibited-practice, or registration charges
→ Jockeys facing riding crop violations or Rule 2290 health and equipment charges
→ Veterinarians, racetracks, and other covered persons charged under any HISA rule
→ Anyone served a Notice of Suspected or Actual Violation by HISA, HIWU, or the stewards—including Rule 8100 charges (cooperation, tampering, fraud)
That is a narrower lane than “any racing dispute.” Submit yours and we will review it.
Apply for representation.
By submitting this form, you authorize Pacific Legal Foundation (PLF) to review the information you provide for the limited purpose of evaluating whether your case may fit PLF’s litigation program. It does not create an attorney-client relationship, does not constitute legal advice, and does not guarantee that you will receive a response. Your information is confidential and will not be sold or shared with third parties for marketing purposes. For urgent legal matters, consult a private attorney without waiting on PLF.
Why us.
Pacific Legal Foundation is a nonprofit public interest law firm. Founded in 1973, we represent clients across the country at no charge in cases that challenge the constitutional limits of federal and state agency power. Our Separation of Powers practice group fights for the right to defend yourself in an independent court—and, when the government comes after money, before a jury.
The Horseracing Integrity and Safety Act is part of that fight. PLF is currently representing Phil Serpe, a forty-year Thoroughbred trainer, in federal court against HISA and the Federal Trade Commission. We argue that Congress cannot hand the badge, the bench, and the gavel to a private corporation. HISA is that corporation. HIWU is the enforcer HISA hired. The Fifth Circuit has already struck part of the statute on non-delegation grounds. Our current focus is the structural problem the Fifth Circuit left untouched: the lack of an independent judge and a jury when HISA or HIWU comes after your livelihood.
How it works.
01
Tell us what happened.
Fill out the form below. Attach any notices or documentation.
02
We review your file.
PLF’s Separation of Powers team reviews your case. If it fits our litigation program, you will hear from us by phone or email.
As you probably know, some legal rights are controlled by very short time limits and must be pursued promptly. We cannot provide you with legal advice and recommend you consult a private attorney to advise you of your rights and possible remedies.
Pacific Legal Foundation receives hundreds of requests for assistance each year. We review each request to determine whether our involvement would be appropriate. The Foundation provides representation only where we have identified a case that presents an ideal opportunity to establish a significant legal precedent that could be applied in other cases to help other individuals.
Need help? Tell us about your case.
By submitting this form, you authorize Pacific Legal Foundation (PLF) to review the information you provide for the limited purpose of evaluating whether your case may fit PLF’s litigation program. It does not create an attorney-client relationship, does not constitute legal advice, and does not guarantee that you will receive a response. Your information is confidential and will not be sold or shared with third parties for marketing purposes. For urgent legal matters, consult a private attorney without waiting on PLF.
Our Separation of Powers practice exists to drag agencies out of their tribunals and into real courts.
LIVE
Currently representing Phil Serpe in federal court against HISA and the FTC.
1973
Founded in 1973. Nonprofit. National public interest law firm.
$0
We don’t bill clients or seek attorney fees from the people we represent. Our generous donors cover court costs and litigation expenses.
The fight is live. Learn more.
By submitting your email address, you authorize Pacific Legal Foundation to send you information about our work and to evaluate whether your situation may fit our litigation program. Your information is confidential and will not be sold or shared with third parties for marketing purposes.
Frequently asked questions
What is HISA and HIWU?
HISA is the Horseracing Integrity and Safety Authority—a private nonprofit corporation created by Congress in 2020. HIWU, the Horseracing Integrity and Welfare Unit, is the private outfit HISA hired to run anti-doping and medication control enforcement. These private entities both enforce and adjudicate rule violations. PLF challenges that arrangement on constitutional grounds in federal court.
I just got a HISA or HIWU notice. How quickly do I need to act?
The response window is short. If you would like PLF to consider your case, submit it through the form on this page as soon as possible. If your deadline is imminent, consult private counsel.
What kinds of HISA or HIWU cases does PLF take?
We will consider any HISA or HIWU enforcement case—banned substance, controlled medication, racetrack safety, welfare, prohibited practices, riding crop, jockey health and equipment, cooperation or fraud (Rule 8100), or registration violations. We take cases that put the agency’s process, not just its outcome, on trial.
What does PLF charge?
Nothing. Our generous donors have supported our fight for liberty for over 50 years. We don’t bill our clients; we don’t seek attorney fees from the people we represent, and our Foundation covers court costs and litigation expenses.
Will PLF take my case?
We can only take a fraction of the cases we hear about. But PLF represents clients across the country every year. Tell us more about your case and submit the form below—we’ll review it. We take cases that put HISA’s process, not just its outcome, on trial.
What if PLF turns my case down?
Because we are funded entirely by charitable contributions, we do our best to ensure that our donors’ contributions are dedicated to those very special cases in which we believe we can provide a significant public benefit. Unfortunately, this means that we must decline involvement in the vast majority of matters that are brought to our attention, even where an individual has a meritorious legal claim, or may have suffered significant harm.
The response window in most agency proceedings is short; we recommend you consult private counsel. If you’d like to follow along with PLF’s active cases, you can subscribe to The Docket.
A HISA or HIWU notice is time-sensitive.
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