Johnson v. Board of Stewards of Charles Town Races

In this appeal from the Circuit Court of Jefferson County, we are asked to consider the constitutionality of a West Virginia Racing Commission rule that prohibits the racing of a horse that is carrying in its body “any drag substance.” The appellants assert that this “zero tolerance” rule is arbitrary, capricious, and not rationally related to the regulation of horse racing. The circuit court rejected the appellants’ assertion and found the rule to be constitutional.

After careful consideration of the rule and our precedents, we find that the rule is constitutional and rationally related to…