Court rules racetrack 'house rule' iilegal

On March 10, 2016, in Department 85 of the Los Angeles County Superior Court, the Honorable James C. Chalfant, Judge presiding, granted Quarter Horse Owner Gustavo De La Torre's petition for a writ of mandate directing the California Horse Racing Board to set aside its approval of the Los Alamitos Race Course “house rule” providing for disqualification of horses resulting from hair testing for albuterol and clenbuterol, both authorized medications in California.

Additionally, the court ruled that De La Torre is entitled to declaratory and injunctive relief against both the California Horse Racing Board and Los Alamitos regarding enforcement of the illegal “house rule.”

De La Torre was represented by Los Angeles attorneys, Darrell Vienna and Carlo Fisco. Commenting on the Court's decision, Vienna said: “The disqualification of Mr. De La Torre’s horse from the El Primero Del Año Derby was contrary to established Horse Racing Law and CHRB regulations. We were pleased the Court granted Mr. De La Torre's petition and are convinced that a return to the rule of law will benefit California horse racing.”

Co-counsel Fisco noted: "Judge Chalfant's rebuke of the CHRB and Los Alamitos is just another in a long line of decisions where the CHRB was found to have ignored the law or failed to discharge its mandatory duties. These clear decisions warrant, in my opinion, a comprehensive review by the Governor or other principals into the policies, personnel and practices of the CHRB. The public interest cannot be held hostage by an agency bent on ignoring the mandates of California law and its own rules."

Even though De La Torre’s horse, Runaway Fire, passed all official CHRB testing, he was disqualified by Los Alamitos from participation in the El Primero Del Año Derby after a hair sample taken from the horse was alleged to contain traces of clenbuterol. Evidence presented at the trial established that the Los Alamitos house rule conflicts with California Horse Racing Board rules, thus necessitating the abolishment of the private house rule.