Articles Posted in Gaming Law

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At issue in this case was the validity of a rule promulgated by the New York State Racing and Wagering Board (Respondent) mandating out-of-competition race horse drug testing. Petitioners commenced this hybrid article 78/declaratory judgment proceeding, alleging that the rule, referred to as the Out of Competition Testing Rule (OCTR) was not authorized by Respondent’s enabling legislation. Supreme Court granted the petition, finding that Respondent had acted in excess of its legislatively delegated power. The Appellate Division modified by effectively denying the petition, concluding that the OCTR was, for the most part, valid and that the rule’s promulgation lay within Respondent’s legislatively conferred authority to regulate and supervise race meets at which pari-mutuel wagering is permitted. The Court of Appeals affirmed, holding that Respondent possesses the power to promulgate rules mandating warrantless, out-of-competition equine testing for proscribed doping agents. View "Ford v. N.Y. State Racing & Wagering Bd." on Justia Law