A judge in Louisiana has dismissed Jonathan Wong's complaint against the Federal Trade Commission (FTC) and the Horseracing Integrity and Safety Authority (HISA) in the District Court for the Western District of Louisiana, Lafayette Division, ruling that the state does not have jurisdiction over HISA, according to Brent Malmstrom, one of Wong's owners.
The case, which stemmed from a June, 2023 Metformin positive, saw Wong receive a two-year suspension and spurred his move to Louisiana, where the Act is not in effect.
In the complaint filed Tuesday, Wong asserted that the Horseracing Integrity and Welfare Unit (HIWU) had threatened the immigration status of an employee who cared for the horse who tested positive, Heaven and Earth (Gormley), and who had been prescribed Metformin, preventing him from testifying. HIWU denied that charge. The complaint also questioned the constitutionality of the law, like the case against HISA currently in the Fifth Circuit Court of Appeals, as well as the chain of command of the blood and urine. The complaint asked that the decision be vacated.
Heaven and Earth broke her maiden at Indiana Grand on June 1 but subsequently tested positive for metformin. As a matter of protocol at that time, HIWU initially provisionally suspended Wong at the beginning of June when the A sample returned a positive finding for Metformin. The B sample also tested positive for Metformin, and a HISA arbitration panel imposed the maximum possible sentence-a two-year ban and a $25,000 fine.
Attorneys for Jonathan Wong and one of his owners Brent Malmstrom issued the following statement:
“We are disappointed in the Louisiana federal district court's decision to dismiss Jonathan Wong's case for jurisdictional reasons. The ruling is procedural and does not address the substance of Jonathan's claims. The FTC and HISA forced Jonathan to move to Louisiana by suspending him, and yet they both fought against having to defend themselves there. Jonathan's case has always been–and will continue to be–about ensuring fair and equal treatment and holding the FTC, HISA, and HIWU to the rules they set for themselves. While we disagree with the federal court's ruling, we are pleased that the court acknowledged that Jonathan may file his case in a different court. We are considering all legal options, including an appeal. We look forward to Jonathan finally having the merits of his claims decided by the rule of law, which is all Jonathan has ever asked for. Given the ongoing nature of the dispute, we will have no further comment.”
When asked for comment, HISA officials did not respond.
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