Sun Sentinel Palm Beach Edition
Judge rejects appeal of greyhound racing ban
Ruling: Plaintiffs should have known laws could change
A U.S. District Court judge has rejected a lawsuit by greyhound breeders, kennels and transport companies that sought to overturn Florida’s Amendment 13 — the ban on commercial dog racing that won support from 69% of the state’s voters.
Mark Walker, chief judge for the Northern District of Florida, ruled late Monday against the group Support Working Animals and fellow plaintiffs, saying in essence that they should have known that they were investing in a heavily regulated business whose laws could likely change.
“Plaintiffs have not plausibly alleged that they had a reasonable expectation that their dog racing-related property would not be made economically worthless by a new law,” Walker wrote.
The lawsuit, filed last October, named Florida Gov. Ron DeSantis, Secretary of State Laurel Lee and state Attorney General Ashley
Moody in their official capacities and claimed the 2018 amendment was unconstitutional because it deprives people in the greyhound racing industry of their livelihoods without due process.
The judge said both DeSantis and Lee were immune from the suit, but he ruled that Moody, as the state’s top law-enforcement official, was not. However, he added, “Whether Amendment 13’s purpose was to protect the health and welfare of racing dogs or to prohibit wagering on dog races, Amendment 13 is a legitimate exercise of Florida’s police power.”
Walker also rejected the idea that the state had taken property from the plaintiffs, saying that they still owned their dogs and equipment.
Despite his findings, Walker acknowledged that the racing industry was suffering from the economic fallout of the sport’s demise, even though the ban doesn’t formally take effect until Jan. 1, 2021.
“Plaintiffs are already experiencing the effects of this impending deadline, as their employees have started to leave, presumably in search of jobs in industries that are not scheduled to become illegal within a year,” the judge wrote.
In fact, several of the state’s remaining 11 tracks closed earlier this year, and the rest have been shuttered by the stay-at-home orders triggered by the coronavirus pandemic. The SanfordOrlando Kennel Club in Longwood, for instance, held its final race in late March, two months ahead of schedule.
Dawn Alba, the West Palm Beach attorney who filed the lawsuit, did not return a request for comment.
But one of the leaders of the Amendment 13 campaign celebrated the court’s findings.
“[This] is a victory for everyone who cares about dogs and signals the end of this cruel activity nationwide,” said Christine Dorchak, president and general counsel of GREY2K USA.
Walker kept open the possibility that the plaintiffs could file an amended complaint, due no later than May 11, although he said he doubted that they would be able to overcome the “defects” in their case.