Table of Contents
- Historical Context of HISA and Its Goals
- Trainers Under Scrutiny Relocate to West Virginia
- Why West Virginia Falls Outside HISA Jurisdiction
- Economic Incentives Behind Rule-Breaking
- Impact on Horse Welfare and Safety
- Owner Involvement and Responsibility
- Trainer Juan Raul Aguirre and His Suspension
- Scat Shack: A Horse at the Center of Controversy
- The Penalty: A Stark Contrast Between States
- What This Means for the Future of Horse Racing
Last updated on September 8th, 2025 at 09:23 am
Historical Context of HISA and Its Goals
HISA was created in response to growing concerns about medication abuse and horse safety in U.S. racing. The law aimed to establish consistent national standards across all states, replacing the fragmented system that had existed for decades. Before HISA, each state managed its own rules, resulting in significant inconsistencies and enforcement issues.
The main goals of HISA include preventing medication misuse, improving equine welfare, and reducing catastrophic injuries on the track. Supporters believe uniform regulations help ensure fair play and protect horses from harmful substances. Critics argue that the law infringes on states’ rights and creates unnecessary bureaucracy.
When HISA launched, most major racing states complied, but some resisted due to legal and political concerns. These challenges led to lawsuits claiming that HISA’s authority violated constitutional provisions. While courts consider these cases, states like West Virginia remain outside its jurisdiction, creating a regulatory patchwork with major loopholes.
Trainers Under Scrutiny Relocate to West Virginia
Two trainers who faced disciplinary action under the Horseracing Integrity and Safety Authority (HISA) appear to have carried their controversies with them after relocating to West Virginia. One trainer was suspended for clenbuterol violations, while the other was penalized for working with a previously suspended individual. Despite these sanctions, both have continued operating in the state, raising questions about oversight gaps in regions not governed by HISA.
Why West Virginia Falls Outside HISA Jurisdiction
West Virginia’s thoroughbred racing industry currently falls outside HISA’s jurisdiction due to ongoing legal challenges regarding the organization’s constitutionality. This loophole has effectively provided a safe haven for individuals barred elsewhere.
Economic Incentives Behind Rule-Breaking
Trainers who break medication rules often do so because the financial rewards outweigh the risks. Winning races can lead to significant purse money, bonuses, and increased business from owners. Even with potential fines, the short-term profits can be enticing for those seeking a competitive advantage.
Owners sometimes pressure trainers to win at any cost, which can push them toward rule-breaking. The competitive nature of racing makes it tempting to use substances that enhance performance. When the penalties are lighter than the potential gains, the temptation becomes even stronger.
In West Virginia, penalties for clenbuterol violations are minimal compared to HISA standards. A $500 fine and short suspension pale against earnings from winning races. This disparity encourages suspended trainers from stricter states to relocate and continue operations without significant consequences.
Impact on Horse Welfare and Safety
Clenbuterol misuse poses serious risks to a horse’s health and well-being. While the drug can aid in respiratory issues, it also stimulates muscle growth and weight loss. Overuse can lead to muscle imbalances, heart strain, and long-term damage to the animal’s body.
Medication abuse is strongly linked to catastrophic injuries on the track. Horses pushed beyond their natural limits are more likely to suffer breakdowns during races. These injuries can result in euthanasia, sparking public outrage and damaging the sport’s image.
Animal welfare advocates warn that horses are being treated as disposable commodities. They argue that loopholes allowing banned trainers to compete show a disregard for equine safety. These concerns are growing as more incidents involving drug misuse come to light.
Owner Involvement and Responsibility
Horse owners play a major role in the integrity of the sport. They choose the trainers who manage their horses and make strategic decisions. Some owners knowingly hire suspended trainers in non-HISA jurisdictions to keep their horses racing.
This raises questions about accountability and whether owners should share responsibility for regulatory violations. In most states, rules focus on trainers rather than owners, creating an enforcement gap. This lack of shared liability allows owners to benefit from trainers’ rule-breaking without facing penalties.
Industry experts argue that holding owners accountable could help reduce violations. Stronger regulations on ownership responsibilities might discourage moving horses to jurisdictions with weaker oversight. Until then, many owners will continue exploiting the system for competitive and financial gain.
Trainer Juan Raul Aguirre and His Suspension
On May 23, 2025, trainer Juan Raul faced an 18-month suspension and fined $12,500 by the Horseracing Integrity and Welfare Unit (HIWU), the enforcement arm of HISA. Rather than step away from the sport, Aguirre appeared to shift his operations to West Virginia, where HISA rules do not apply.
Aguirre’s suspension was linked to his employment of Francisco Ramos between June and September 2024. Ramos was provisionally suspended during that time following multiple out-of-competition clenbuterol positives. HIWU later sanctioned Ramos with a lengthy period of ineligibility running through 2036.
Before his suspension, Aguirre had been competing primarily at Mahoning Valley in Ohio, which is under HISA oversight. Once his penalties took effect, he began entering horses at Mountaineer Park in West Virginia. His racing record shows increased activity: from just 20 starters in 2023, Aguirre saddled 100 in 2024, with four winners. In 2025, he has started 49 runners so far, producing one victory.
Scat Shack: A Horse at the Center of Controversy
One of the horses at the center of this controversy is Scat Shack, a 7-year-old gelding previously trained by Ramos. Scat Shack was among six horses that tested positive for clenbuterol under Ramos’ care. That violation led to the horse being barred from competition at HISA-regulated tracks for 14 months, through July 8, 2026. Despite the restriction, Scat Shack was transferred to Aguirre’s barn and began racing at Mountaineer in mid-2024.
On June 10, 2025, Scat Shack finished third in a race at Mountaineer, but post-race testing revealed another clenbuterol positive. In response, the West Virginia Racing Commission issued Aguirre a 15-day suspension (July 17–Aug. 1) and a $500 fine. The ruling classified it as his first medication offense within a 365-day window, carrying a Class B penalty under state rules. Notably, West Virginia treats clenbuterol as a Class 3 drug with lesser consequences, whereas HISA imposes far stricter standards, banning the drug outright and assigning Ramos a two-year suspension for each positive test.
The Penalty: A Stark Contrast Between States
Despite the violation, Scat Shack has not been barred from competition in West Virginia. Instead, the horse was simply reassigned back to Ramos, who is now listed as the trainer for a July 20 race at Mountaineer. Another horse once handled by Aguirre, Future Flay, is also entered under Ramos’ name, marking his first starters since May 29, 2024.
The HIWU records indicate that besides Scat Shack, Ramos’ clenbuterol positives involved five other horses: Cindy’s Storm, Jim’s River Runner, Tequila Flats, Total Smokeshow, and You’re A Dandy. Of these, Cindy’s Storm, Total Smokeshow, and Tequila Flats have all competed in West Virginia this year with Aguirre listed as trainer, underscoring how easily suspended individuals can continue operating when outside HISA’s reach.
This ongoing pattern highlights a troubling reality: while HISA aims to standardize integrity and safety across American horse racing, its lack of jurisdiction in certain states allows sanctioned trainers to continue business as usual. The situation in West Virginia serves as a case study of how differing regulatory environments can undermine the very reforms designed to protect the sport.
What This Means for the Future of Horse Racing
The controversy unfolding in West Virginia underscores a larger issue in American horse racing: fragmented oversight. While HISA was introduced to create a consistent national standard for medication and safety, its inability to cover all jurisdictions has left significant vulnerabilities.
Industry experts warn that as long as these loopholes persist, bad actors will exploit them. The result could be further erosion of public confidence in the sport, increased scrutiny from animal welfare advocates, and potential federal intervention if state authorities fail to close the gaps.
