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Florida Judge Dismisses New Challenge To Dog Racing Ban

TALLAHASSEE (CBSMiami/NSF) - After rejecting an earlier version of the lawsuit in April, a federal judge has dismissed a challenge to a 2018 constitutional amendment that will end greyhound racing in Florida.

U.S. District Judge Mark Walker issued a three-page order granting a request by Attorney General Ashley Moody to dismiss the lawsuit, filed by the industry group Support Working Animals, Inc., and individual plaintiffs.

The lawsuit argued that the voter-approved ballot measure violates a series of rights under the U.S. Constitution, including equal-protection rights because horse racing will be allowed to continue at pari-mutuel facilities while dog racing will be blocked.

Walker issued a 55-page ruling in April that dismissed the earlier version of the lawsuit but allowed the plaintiffs to amend and refile it.

But in his ruling on Friday, Walker quickly disposed of the amended version, saying that the plaintiffs "lack standing" to sue Moody over the ban. He wrote that "the injuries plaintiffs allege in this case are neither traceable to nor redressable through Florida's attorney general."

The legal reasoning was based, in part, on a recent 11th U.S. Circuit Court of Appeals decision in a separate elections case that said plaintiffs could not sue Florida Secretary of State Laurel Lee. The constitutional amendment set a Dec. 31, 2020, deadline for ending greyhound racing at pari-mutuel facilities, though tracks have started halting racing ahead of the deadline.

(©2020 CBS Local Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. The News Service of Florida contributed to this report.)

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