LOUISVILLE, Ky. (WAVE) – Churchill Downs is suing the Horseracing Integrity and Safety Authority after they say the agency threatened to shut the track down.

The lawsuit filed by Churchill and the New York Racing Association says the HISA threatened to prohibit racing until they pay the Authority millions of dollars in assessment fees. Those fees help support the HISA budget.

Churchill Downs accuses HISA of using a method that imposes fees based largely on the size of the racetrack’s purses and the lawsuit claims that that method is illegal.

When Churchill refused to pay the fees, the lawsuit says HISA threatened to take enforcement action.

The lawsuit says HISA asked Churchill Downs to pay nearly $2 million in fees within 20 days. If payment was not given to the Authority, the order said Churchill Downs and Ellis Park would be prohibited from conducting any covered horse race for each day it was late.

In response to the filing, HISA said it “will aggressively defend itself” and called the legal case an “attempt to avoid paying their fair share.”

The Authority said the assessment fee method was created to properly allocate the costs of HISA’s operations.

In a statement, Churchill Downs said, in part, “the actions taken by HISA are grossly inconsistent with the law and our constitutional rights. Protecting our rights within the horseracing industry is of utmost importance.”

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