Johnson v. Board of Stewards of Charles Town Races

Summary

The Supreme Court of Appeals of West Virginia upheld a Racing Commission rule prohibiting a horse from racing when its body contains any drug substance, subject to specified exceptions. The court held that the zero-tolerance rule was rationally related to regulating horse racing and avoiding post-race disputes over whether a substance affected performance. The court affirmed the circuit court's order upholding the disqualification of Eastern Delite and redistribution of the purse.

Holdings

1. West Virginia Racing Commission Rule 178 C.S.R. § 66.5 is constitutional because prohibiting a horse from racing while carrying any drug substance is rationally related to the reasonable regulation of horse racing.
2. The constitutionality of an administrative rule presents a legal question reviewed de novo, and the rule must be shown unconstitutional beyond a reasonable doubt.

Questions Presented

1. Whether West Virginia Racing Commission Rule 178 C.S.R. § 66.5, prohibiting a horse from racing while carrying any foreign drug substance in its body, is unconstitutional because it is arbitrary, capricious, and not rationally related to the regulation of horse racing.
2. Whether the horse's lack of demonstrated performance enhancement makes application of the zero-tolerance rule unconstitutional.

Disposition

affirmed