Hudson v. Louisiana State Racing Commission

505 So. 2d 135, 1987 La. App. LEXIS 8962
CourtLouisiana Court of Appeal
DecidedMarch 16, 1987
DocketNo. CA-6147
StatusPublished
Cited by3 cases

This text of 505 So. 2d 135 (Hudson v. Louisiana State Racing Commission) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hudson v. Louisiana State Racing Commission, 505 So. 2d 135, 1987 La. App. LEXIS 8962 (La. Ct. App. 1987).

Opinion

LOBRANO, Judge.

Appellants appeal from the district court judgment affirming a decision of the Louisiana State Racing Commission (the Commission) disqualifying the winning horse and redistributing the purse monies for the fifth race held at Louisiana Downs on June 8, 1985. The judgment also affirmed the Commission’s decision to reinstate the horse’s trainer, Billy Gene Hudson.

On June 25,1985, the Stewards of Louisiana Downs (the Stewards) issued ruling No. 349, concerning the racehorse, “Sar-geant Wilson” which horse is owned by Royal V. Stewart (Stewart) and trained by Billy Gene Hudson (Hudson).

After receiving laboratory test results which indicated the presence of methamphetamine in the horse’s urine, the Stewards concluded that Rules of Racing, LAC 11-6:53.19 and 11-6:54 had been violated. Accordingly, the stewards suspended Hudson, disqualified “Sargeant Wilson” as the winner of the fifth race held at Louisiana Downs on June 8, 1985 and redistributed the purse. Hudson requested a split sample of the horse’s urine be forwarded to an independent testing laboratory at the University of Kentucky pursuant to LAC 11-6:53.37. Hudson applied for and was granted a suspensive appeal to the Louisiana State Racing Commission.

On July 3, 1985, Dr. J.W. Blake of the University of Kentucky, reported that the split sample of urine showed no presence of methamphetamine. However, an isomer of methamphetamine, Phentermine, was detected and confirmed.

After receiving Dr. Blake’s report, Hudson submitted a sample of a mixture containing D.M.S.O., crushed mothballs and camphor which he had topically applied to “Sargeant Wilson’s” foot prior to the race. On July 11, 1985, Dr. Blake reported this mixture contained Phentermine and that it was likely this preparation was the source of the drug found in the horse’s blood.

On August 1, 1985, after hearing this evidence, including Dr. Blake’s report, the Commission reversed Steward’s Ruling No. 349 insofar as the Stewards concluded the sample taken from “Sargeant Wilson” was methamphetamine which could have produced analgesia in, stimulated, or depressed a horse, or could have masked or screened a drug, not permitted by LAC 11-6:54, and reversed the Stewards ruling ordering that Hudson be suspended. The Commission did not reverse the Stewards ruling with respect to the disqualification of “Sargeant Wilson” and the redistribution of the purse monies.

Hudson filed a petition for review with the district court. Steward intervened in the proceedings.

On February 6, 1986, the district court reversed the Commission ruling as to the redistribution of the purse and remanded the case to the Commission. The Court stated:

“The redistribution of the purse in question is necessarily contingent upon a finding that the drug phentermine present in Sargeant Wilson’s urine could have ‘produced analgesia in, stimulated, or depressed the horse, or could have masked or screened a drug, not permitted by LAC 11-6:54.’ LAC 11-53:19. Such a finding was made respecting methamphetamine which was erroneously believed to be present. No such find[137]*137ing was made respecting phentermine which was in fact present.”
* * * * * *
“As no definitive assessment of the effect of phentermine appears in the record, this Court here [sic] reverses the judgment of the Louisiana State Racing Commission only as to its holding on the redistribution of the purse. The case is remanded to the Commission for a phar-macodynamical assessment of the effects of phentermine and for further proceedings not inconsistent with this order.”

On June 3, 1986, the district court reversed its February 6, 1986 decision and affirmed The Commission’s August 1, 1985 ruling to redistribute the purse monies. The Court in its judgment stated:

“In compliance with the order issued by this Court, the Commission procured testimony regarding the effect of Phenter-mine from both a representative of the State testing laboratory as well as a veterinarian employed by the Racing Commission. The evidence accumulated by the Commission demonstrates that the pharmacography of Phentermine could have ‘produced analgesia in, stimulated, or depressed the horse, or could have masked or screened a drug, not permitted by LAC 11-6:54.’ LAC 11-6:53.19. Since the evidence obtained on remand demonstrates that the drug Phentermine is not a ‘Permitted Medication’ within LAC 11-6:54, this Court affirms the Commission’s prior decision consistent with LAC 11-6:53.19.”

Hudson and Stewart assert that the court erred in affirming the Commission’s decision because, (1) the Commission never determined that Phentermine is a prohibited drug and; (2) in order for the purse to be redistributed the trainer must be found to have violated LAC 11-6:54 and must have been suspended or ruled off the track. We disagree.

In response to the district court’s order that no “definitive assessment of the effect of phentermine was present in the record,” the Commission submitted the transcript of testimony taken at a meeting held March 30, 1986 relative to the instant case. That meeting was opened by the following statement by the Commission’s attorney:

“By Mr. Jackson:
This matter concerns itself with the ruling of the Stewards No. 349 at Louisiana Downs dated June 26, 1985. This matter was remanded to the Commission by the Civil District Court for the Parish of Orleans for the assessment of the effect of Phentermine. ...”

Ms. Pat Pizzo, representative of the State testing laboratory and Dr. James Broussard, Veterinarian for the Commission at Delta Downs then testified as follows:

“By Ms. Pizzo:
... Q. Tell the Commission about Phen-termine.
A. Phentermine is a Schedule IV drug according to the Federal Government. This drug is commonly used for the control of obesity. It’s a central nervous system stimulant and it would have effects similar to those of other drugs in that family.1 By Dr. Broussard:
Q. Are you familiar with the drug Phentermine?
A. Yes.
Q. If this drug was found in the system of a horse that had just finished racing would the presence of this drug produce analgesic in, depress the horse or mask or screen a drug not permitted?
A. In my opinion it would stimulate the horse.
Q. It could have an effect on the running of the race?
A. Yes.”
Mr. Jackson then concluded as follows:
“Any questions? All right, in connection with this matter with the testimony of Dr. Broussard and Ms. Pizzo, it would be [138]*138proper for the Commission to reaffirm its position pursuant to the order.”

The Commission then adopted a motion reaffirming their August 1, 1985 decision.

La.R.S. 49:958 governing the form of a decision of the Commission does not require that it be in writing, but affords the option to the Commission to state its decision in the record.

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Related

Boxie v. Commission.
826 So. 2d 1183 (Louisiana Court of Appeal, 2002)
Cart v. Louisiana State Racing Commission
591 So. 2d 409 (Louisiana Court of Appeal, 1991)

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Bluebook (online)
505 So. 2d 135, 1987 La. App. LEXIS 8962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-louisiana-state-racing-commission-lactapp-1987.