Horseman’s Benevolent & Protective Ass’n v. DeWine

In 1986, the Association signed an agreement with Beulah Park governing racing operations; later, they amended to establish a regular process in which the Association periodically would grant or withhold consent to simulcast races to betting facilities outside of Ohio. In 1996, the Association executed a similar agreement with River Downs. Under the agreements, when Beulah Park and River Downs want to simulcast races to out-of-state betting facilities, they send a letter to the Association outlining the terms of the proposed simulcast and requesting authorization. After the Association withheld consent to 2006 requests, Beulah Park and River Downs filed a complaint with the Ohio Racing Commission. The Racing Commission ruled in favor of the race parks. The Association sued, arguing that the federal Interstate Horseracing Act, 15 U.S.C. 3004(a) preempted the Ohio law. The district court agreed. The Sixth Circuit affirmed, stating that "To respect the state law is to slight the federal one."