Blog By: Antonio C. Ellzey
In this blog, 3L Antonio C. Ellzey points out that California Governor Newsom recently vetoed a pending California state law that aimed to address the dangers of gas appliances. Specifically, the new law would have required manufacturers to place warning labels on gas stoves to inform consumers of their health effects. Some say the new law would help build awareness around a hidden danger while others say the new would restrict Californians’ freedom. Ellzey believes the pending law would positively impact Californians because they can make better-informed decisions around their health and safety, which would ultimately help save lives.
Blog By: Stevi Whitman
In this blog, 3L staffer Stevi Whitman argues for the use of certification marks to promote authenticity within the whiskey industry by introducing the Estate Whiskey Alliance® (EWA). The EWA is a member led association spearheaded by UK Innovate at the University of Kentucky, the James B. Beam Institute, Marker’s Mark Distillery, and other founding members, tasked with ensuring quality standards of whiskey production, promoting the benefits of local sourcing, and advancing sustainability efforts throughout the whiskey industry through the use of certification marks.
Blog By: Phillip Burress
Kentucky is home to 100 distilleries in 42 counties and produces 95% of the world's bourbon. In this Blog, 3L Phillip Burress discusses the threat posed by "Whiskey Fungus" on Kentucky property owners and the legal challenges facing Kentucky distillers.
Blog By: Ashton Edwards
In this Blog, 3L Staffer Ashton Edwards argues that instead of staying silent on the issue, Congress should respond to the interstate commerce concerns that reside in the Prop 12, a proposition that was made law by the U.S. Supreme Court in 2023. Edwards discusses that so far, Congress has yet to address the arguments and concerns of Farmers, the Court, or citizens, even though this law arguably has a substantial impact on interstate commerce.
Blog By: Antonio C. Ellzey
In this Blog, 3L Staffer Antonio C. Ellzey discusses the challenges faced by entrepreneurs in the cannabis industry, particularly the impact of Section 280E of the Internal Revenue Code, which limits deductions for businesses engaged in the cannabis trade due to federal prohibition. Ellzey discusses the potential benefits of rescheduling cannabis from Schedule I to Schedule III, which he argues would alleviate financial burdens on cannabis businesses, enhance safety, and stimulate economic growth.
The Kentucky Horse Racing Commission (“KHRC”) must make an important decision by November 1, 2019. This decision comes after a battle between Chuch Hill Downs and Turfway park ensued earlier this year over the rights to host horse racing in Northern Kentucky. In this blog post, staffer Tommy Staffieri analyzes the ramifications of awarding Turfway race days against the proposed Churchill Downs’ New Latonia facility.
In October 2017, the Kentucky Horse Racing Commission approved $25,000 worth of funding for a study regarding the effects of contamination on racehorse drug testing. This analytical study will seek to determine the possible levels of substances—both therapeutic and performance-enhancing—found on the racetrack and its surroundings, and will be based on samples collected through 2019
Since 2006, the total pari-mutuel handle within the horse industry has steadily declined. In an effort to halt this decline, some in the equine industry have attempted to invent new ways to create interest in the sport by tapping into the growing daily fantasy sports industry. In the case Derby Wars, a fantasy horseracing website, the Central District of California put a halt to one of those efforts.
The Kentucky Horse Racing Commission (KHRC) recently approved a controversial proposal to allow racetracks in the Commonwealth to card races where the competing horses would not be allowed to be administered furosemide on race day. Furosemide, an anti-bleeding medication commonly known as Lasix, is intended to decrease the effects of exercise-induced pulmonary hemorrhage (EIPH). While some initially thought the vote could have an impact at the 2015 Breeders’ Cup World Championships, which is scheduled to be run at Keeneland on October 30-31, Keeneland President and CEO Bill Thomason said he does not expect Keeneland to schedule any Lasix-free races until 2016.
The 141st running of the Kentucky Derby is upon us. Although most taxpayers have filed their 2014 returns with the IRS, cashing a winning ticket on May 2nd could come with a price. Racetrack winnings, like other gambling income, are subject to federal income tax. Currently, the Internal Revenue Service permits taxpayers to deduct gambling losses against winnings. The tax-code’s treatment of racetrack gambling proceeds has not changed much over the years, but many handicappers were relieved to see that the exemption escaped the new limits on itemized deductions that Congress enacted in 2013.
One feature of many equine transactions is that the seller often conditions the sale of a horse on the buyer’s promise to notify the seller when the buyer wishes to sell the horses and give the original seller a chance to repurchase the horse. This is known as the Right of First Refusal (“RFR”). RFR provisions can often be found in sophisticated equine transactions involving race and show horses.
In the recent case of State v. Fessenden, the Supreme Court of Oregon held that a police officer did not violate a person’s Fourth Amendment right to be free from unreasonable search and seizure when the officer entered private property, without a warrant, in order to seize an emaciated horse and take it to a veterinarian for treatment. In upholding the two defendants’ convictions for animal abuse and animal neglect, the court concluded that the officer acted lawfully because he had probable cause to believe the crime of animal neglect was occurring and he reasonably believed immediate action was necessary to prevent further harm to the horse. Acting on a call from the two defendants’ neighbor, the officer had observed the horse on the defendant’s property from the driveway, noticing that “the horse's backbone protruded, her withers stood up, her neck was thin, all of her ribs were visible, she had no visible fatty tissue in her shoulders, and she was ‘swaying a little bit.’” Observance of the horse’s condition, partnered with the belief that acquisition of a warrant to enter the defendants’ property would take between four to eight hours, led the officer to exercise no hesitation in entering the property.
In the Bluegrass State, the fall season is yet another reason to celebrate Kentucky’s title as the horse capital of the world. Most notably, Keeneland’s September horse sale is the world’s largest yearling sale, attracting both domestic and international buyers. However, a new regulation set forth by the British Horseracing Authority limiting the use of anabolic steroids in horses poses a potential threat to future horse sales worldwide.
