Earlier this week, the U.S. Court of Appeals for the Ninth Circuit granted a civil rights lawsuit pertaining to a peculiar case of horse racing, the right to proceed. This lawsuit accuses members of a California horse-racing regulatory board of violating the First Amendment. The controversy arose when a thoroughbred was barred from entering races due to its disputable name given by Jerry Jamgotchian, the owner.
This case originates from a 2022 decision by the California Horse Racing Board. Jamgotchian was told that he could not participate in races with his horse, Malpractice Meuser, without first registering with the private Jockey Club of New York.
Interestingly, the registration for “Malpractice Meuser” was rejected by the Jockey Club, based on a rule that prohibits horse names that aim to “harass, humiliate, or disparage a specific individual.” It’s speculated that the horse was named after a lawyer who specializes in equine law.
The revival of this First Amendment lawsuit by the 9th Circuit signals a fascinating intertwining of law and sport, opening room for unique discussions related to freedom of expression within seemingly unrelated sectors.