A licensed veterinarian is challenging a ruling that has suspended him from practicing at racetracks and fined him for possessing a banned substance. Dr. Luis Jorge Perez filed a complaint on September 12, 2024, in the United States District Court for the Eastern District of New York against the Horseracing Integrity and Safety Authority (HISA), the Horseracing Integrity Welfare Unit (HIWU), and the Federal Trade Commission (FTC).
Dr. Perez's legal troubles began on June 9, 2023, when he was charged with an anti-doping rule violation at Belmont Racetrack for possessing Thyro-L, a substance banned under HISA's Anti-Doping and Medication Control Program (ADMC). The substance was discovered during a search of his office trailer by a Nassau County Fire Marshall and an investigator from the New York Racing Association (NYRA). Dr. Perez admitted to forgetting about the medication but argued that he could legally possess it for non-racehorses under his care.
The case hinges on whether HISA has jurisdiction over non-racehorses stabled at racetracks. Dr. Mary Scollay, Chief of Science for HIWU, had previously stated that veterinarians could possess substances banned for racehorses if they were treating non-racehorses. Despite this, Dr. Perez was found liable in an arbitration decision issued by Arbitrator Barbara A Reeves on October 9, 2023. The decision resulted in a 14-month suspension starting June 14, 2023, and a $5,000 fine.
Dr. Perez appealed this decision to the FTC Office of Administrative Law Judges but was met with another unfavorable ruling on February 7, 2024. He then sought review from the FTC Board of Commissioners, which denied his application on August 12, 2024.
In his complaint, Dr. Perez argues that HISA's enforcement of Rule 3214(a) is arbitrary and capricious because it fails to distinguish between racehorses and non-racehorses. He claims this lack of clarity deprived him of due process rights under the Fifth and Fourteenth Amendments. Furthermore, he contends that HISA does not have jurisdiction over non-racehorses and thus should not have penalized him for possessing Thyro-L.
Dr. Perez seeks several forms of relief: overturning the arbitrator’s decision due to its arbitrary nature; reimbursement of his $5,000 fine; compensation for lost wages during his suspension; attorney’s fees under 42 U.S.C §1988; and any other just relief deemed appropriate by the court.
Representing Dr. Perez is Robert G. Del Grosso Esq., based in Mineola, New York. The case is being heard in front of Judge Barbara A Reeves. Case ID #2:24-cv-06397.