Stand with Phil Serpe: Defend Horsemen's Rights

Phil Serpe is Fighting for His Rights and The Rights of All Horsemen in Legally Challenging HISA in Federal Court

Phil Serpe, a successful horse trainer for over 40 years with 8000+ starts, has never had a single drug positive in any horse he trained until being surprised by HISA (through HIWU) claiming a clenbuterol positive in a horse he ran at Saratoga last August. HIWU informed Phil that his horse was found to have exquisitely small quantities of the drug in urine collected after the race, yet blood and hair samples taken were negative.

Phil did not use clenbuterol on this or any of the horses in his barn, and did not authorize the administration of the drug by any of his veterinarians. The amounts found in the urine sample were near background level, and could not have had any physiologic effect on the horse’s performance.

It is unclear how these findings occurred. What is clear is that the same thing can happen to anyone, and the consequences are devastating. As with many other horsemen being charged with trace level drug infractions, HISA refused all requests for potentially exonerating evidence, including additional testing (human and horse). Regardless of his perfect record over 40 years, the heavy hand of HIWU has come down on Phil and HIWU has threatened him with a fine of $25,000.; disqualification of the horse’s race result an disgorgement of the purse; a multiyear suspension; and other potential sanctions.

Phil is only allowed to contest these accusations through arbitration under HISA, with an arbitrator paid by HISA. He is asking in Federal Court for the right to a trial with a jury of his peers. His legal team, led by Bradford Beilly, is arguing that HISA is unconstitutional because it violates the Seventh Amendment by eliminating Phil’s right to a jury trial AND that giving federal regulatory power to HISA violates the private non-delegation doctrine in the constitution. Similar non-delegation cases are scheduled to be heard by the Supreme Court, but Phil’s is the first Seventh Amendment case.

Phil has suffered irreparable harm owing to this wrongful prosecution and has incurred extensive legal bills which he is struggling to pay. Phil took on this case not only to defend and exonerate himself, but also to help eliminate the unjust charges so many other horsemen have suffered along with the losses created by the penalties handed out by HISA/HIWU. He hopes that all horsemen, trainers and owners alike will see how this case applies to everyone in the industry. Every cent of any money raised will go to Phil’s legal defense team.