Booksology By Bill Finley
The newly released book “Equine Regulatory Law” is not exactly light reading or something you want to take to the beach this summer. But for the racing professional, particularly those who are interested in equine law, attorney and author Robert L. Heleringer has put together an important resource.
In his introduction, Heleringer explains what is contained in the 746-page book.
“Through detailed case studies, this book explains regulatory processes such as licensing, disciplinary actions, and rule enforcement, including the landmark case Gary and Mary West v. The Kentucky Horse Racing Commission, which upheld stewards’ authority to call fouls-even in high-profile races like the Kentucky Derby. It also explores broader legal issues, such as the constitutionality of the “absolute insurer” rule holding trainers responsible for substances found in post-race testing, as well as procedures for race objection and liability for injuries.”
Heleringer is an attorney who served as executive director of the Kentucky Equine Education Project (KEEP) and as an adjunct instructor in the University of Louisville’s Equine Industries program. He is a former racing official at Thoroughbred racetracks and was a member of the Kentucky General Assembly from 1980 to 2002.
Heleringer breaks his book down into nine chapters, starting with the role of state racing commissions.
His deepest dive in the book may be his chapter on the lawsuits filed by Gary and Mary West after Maximum Security (New Year’s Day) was disqualified for interference in the 2019 GI Kentucky Derby. The Wests tried every legal avenue imaginable to get the result overturned, but ultimately lost their case.
“Perhaps the most conspicuous consequence of the West decision was the failure of licensed owners Gary and Mary West to achieve their penultimate goal, beyond the obvious one of rewinning the Kentucky Derby, to get a hearing where they could plead their case,” Heleringer writes.
Other chapters include The Brave New World of HISA, and a chapter on the case Barry v. Barchi. Barry v. Barchi is a landmark U.S. Supreme Court decision that directly shaped the legal landscape of horse racing regulation and administrative law. The case established the constitutional boundaries of the “Trainer Responsibility Rule” (the absolute insurer rule) and defined the due process rights of licensed racing professionals.”
The sport has never been more litigious or had more high-profile legal disputes. It’s been a good time to be an equine lawyer. But even those who don’t have a law degree can learn a lot from Heleringer’s book.
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