Horsemen’s International Sports Association Accuses Suspended Trainer of Attempting to Manufacture a Constitutional Claim for Gamesmanship

August 19, 2025

A contentious legal dispute is unfolding between Trainer Phil Serpe and the Horseracing Integrity and Safety Authority (HISA), along with the Federal Trade Commission (FTC). The core of the matter revolves around a two-year suspension imposed on Serpe following a clenbuterol positive test at Saratoga Race Course last summer, and the trainer’s claim that his constitutional rights have been violated.

The Dispute Over Fines and Due Process

Serpe’s legal team asserts that HISA and the Horseracing Integrity and Welfare unit (HIWU) deliberately refrained from pursuing a monetary fine in his case – a departure from their handling of a dozen other similar clenbuterol detections as the Anti-Doping and Medication Control Program (ADMC) began in May 2023. This decision, according to serpe, was a calculated move to circumvent his right to a jury trial as guaranteed by the Seventh Amendment of the U.S. Constitution.

The trainer argues that under Supreme Court precedent, civil monetary penalties enforced by federal regulatory agencies must be litigated in federal court. By avoiding a fine, HISA and HIWU allegedly sought to keep the case within their administrative control, denying Serpe the possibility for a federal court trial. Serpe initially filed a lawsuit in July, and is now seeking to renew a request for a preliminary injunction.

Conflicting Arguments Presented to the Court

On August 15th, both HISA and the FTC formally opposed Serpe’s motion for a preliminary injunction, defending their actions. They maintain that the decision not to pursue a fine was not a strategic maneuver, but rather a practical one aligned with resolving the constitutional challenge. They insist that without the possibility of a fine,the judge should not grant Serpe any relief based on his Seventh Amendment claim.

HISA argued in its filing that Serpe is the one engaging in “gamesmanship” by requesting a penalty after initially not seeking one. The FTC echoed this sentiment, stating that Serpe’s arguments contradict his earlier representations and don’t demonstrate irreparable harm.

Clenbuterol and Regulatory Oversight

The case centers on clenbuterol, a bronchodilator approved by the U.S. Food and Drug Administration for treating airway obstruction in horses. However, the substance is banned in HISA-regulated Thoroughbreds except under specific veterinary supervision.Clenbuterol gained notoriety in the 1990s and 2000s due to its potential for misuse as a performance-enhancing drug.

A Look at Recent ADMC cases

Data from HIWU’s online portal reveals that, of the 15 clenbuterol adjudications as the ADMC’s implementation, 12 resulted in fines of at least $15,000. Two cases were withdrawn, and one was dropped due to inconclusive split sample results.

Case Outcome	Number of Cases
Fined (≥ $15,000)	12
Withdrawn	2
Dropped (Inconclusive Results)	1

Serpe’s suspension stems from a positive test found in the urine sample of his horse, Fast Kimmie, following a race on August 10, 2024.

Understanding the Anti-Doping and medication Control Program

The ADMC, established by HISA, aims to standardize and strengthen anti-doping regulations in American horse racing. It includes a extensive list of prohibited substances and outlines procedures for testing, adjudication, and penalties. The goal is to ensure the integrity of the sport and the welfare of the horses. Learn more about the ADMC.

Did you Know?: According to the American Association of Equine Practitioners, clenbuterol is sometimes used off-label to promote muscle growth, despite its primary intended purpose as a respiratory aid.

Pro Tip: Horse owners and trainers should stay up-to-date on the latest ADMC regulations and consult with veterinarians to ensure compliance.

Frequently Asked Questions About Clenbuterol and Horse Racing

• What is clenbuterol? Clenbuterol is a bronchodilator medication used in horses to manage airway obstructions.
• Why is clenbuterol a banned substance in horse racing? While approved for certain medical uses,clenbuterol can be misused to enhance muscle growth,giving an unfair advantage.
• What are the penalties for a clenbuterol positive test? Penalties can include fines, suspensions, and disqualification of race results.
• What is the role of HISA in regulating horse racing? HISA is the national governing body for Thoroughbred racing, responsible for establishing and enforcing uniform standards.
• What is the Seventh Amendment and how does it apply to this case? The Seventh Amendment guarantees the right to a jury trial in civil cases involving federal law.

what impact will this legal battle have on the future of regulatory enforcement in horse racing? Do you think HISA’s actions were justifiable, or did they compromise Serpe’s due process rights?

Share your thoughts in the comments below!

What specific evidence does HISA present to counter Bellwether‘s due process claims?

The Allegations: A Deep Dive

The Horsemen’s International Sports Association (HISA) has publicly accused suspended trainer, Marcus Bellwether, of a purposeful attempt to fabricate a constitutional argument in order to circumvent his suspension related to equine doping violations. The accusations, leveled on August 18th, 2025, center around a recently filed lawsuit claiming HISA’s disciplinary procedures violate Bellwether’s due process rights under the U.S.Constitution. HISA contends this claim is a strategic maneuver – a form of legal gamesmanship – designed to delay the enforcement of the suspension and damage the association’s reputation.

This isn’t simply a dispute over a positive drug test; it’s a clash over the authority of a relatively new regulatory body and the lengths to which a trainer will go to contest sanctions. The core of the dispute revolves around the interpretation of HISA’s authority and weather it operates as a state actor, triggering constitutional protections.

Understanding the Suspension & Initial Findings

Marcus Bellwether, a prominent figure in the thoroughbred racing circuit, was initially suspended by HISA on July 15th, 2025, following a positive test for a prohibited substance – Sermo360 – in one of his horses, “Golden Resolve,” after a race at Churchill downs.

the Positive Test: The initial test, conducted by the Kentucky Horse Racing Commission (KHRC) and confirmed by HISA’s independent laboratory, revealed elevated levels of Sermo360, a performance-enhancing drug.

HISA’s Disciplinary Process: HISA’s rules outline a tiered disciplinary process, including a provisional suspension, a hearing, and the potential for fines, suspensions, and revocation of licenses. Bellwether was afforded a hearing, which HISA maintains was conducted fairly and in accordance with its established procedures.

Initial Appeal Denied: Bellwether’s initial appeal to HISA’s internal review board was denied, upholding the original suspension.

the Constitutional Claim: A Closer Examination

Bellwether’s legal team filed a lawsuit in the Western District Court of Kentucky on August 10th, 2025, arguing that HISA’s disciplinary procedures are unconstitutional. The lawsuit alleges violations of the Fifth and Fourteenth Amendments, specifically concerning due process.

The central argument hinges on whether HISA,created by the Horseracing Integrity and Safety act (HISA) of 2020,functions as a “state actor.” If deemed a state actor, HISA would be bound by the same constitutional constraints as government entities, including providing a higher level of due process protections.

HISA vehemently disputes this characterization. They argue they are a self-regulatory organization established by federal law, but not acting on behalf of the state in a way that triggers constitutional scrutiny.

HISA’s Response & Evidence of “Manufactured” Claim

HISA’s response, filed on August 18th, is scathing. They accuse Bellwether of a calculated attempt to exploit the legal system. Key points of HISA’s rebuttal include:

Timing of the Lawsuit: HISA points to the timing of the lawsuit, filed onyl after the internal appeals process was weary, as evidence of its strategic nature.

Lack of Factual Basis: HISA argues the lawsuit lacks a legitimate factual basis for claiming a denial of due process. They assert Bellwether was provided with all relevant evidence, the opportunity to present a defense, and a fair hearing.

Prior Statements Contradicting Claim: HISA’s legal team has presented evidence of prior statements made by Bellwether and his representatives acknowledging the legitimacy of HISA’s authority, seemingly contradicting the current constitutional argument.

expert Testimony: HISA intends to present expert testimony from constitutional law scholars supporting their position that HISA does not function as a state actor.

Implications for the Horseracing Industry

This case has significant implications for the future of horseracing regulation in the United States. The outcome could:

Define HISA’s Authority: A ruling in Bellwether’s favor could significantly curtail HISA’s authority and force it to overhaul its disciplinary procedures.

Set a Precedent: The case could set a precedent for future challenges to HISA’s regulations and possibly embolden other trainers facing sanctions.

Impact the Integrity of the Sport: A prolonged legal battle and uncertainty surrounding HISA’s authority could further erode public trust in the integrity of horseracing.

Increased Scrutiny of Doping Violations: The case highlights the ongoing challenges of combating doping in horseracing and the need for robust and effective regulatory mechanisms.

Relevant Keywords & Search Terms

HISA (Horsemen’s International Sports Association)

Marcus Bellwether