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HORSEMEN'S BENEVOLENT & PROTECTIVE ASS'N v. ST. COMM.

403 Mass. 692 (1989)

532 N.E.2d 644

HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC. vs. STATE RACING COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1989.

Attorney(s) appearing for the Case

Jamin Ben Raskin, Assistant Attorney General, for State Racing Commission.

Charles R. Dougherty (Marjorie Heins & William B. Forbush with him) for the plaintiff.

Americo A. Salini, Jr., for Massachusetts Teachers Association, amicus curiae, submitted a brief.

Carol Calliotte & Joseph G. Sandulli, for Massachusetts Coalition of Police, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

The plaintiff filed suit in the Supreme Judicial Court for Suffolk County seeking a declaration that the "human drug testing" regulation adopted by the State Racing Commission (commission), 205 Code Mass. Regs. § 4.57 (1986), violates the Fourth and Fourteenth Amendments to the United States Constitution, arts. 1, 10, 12, and 14 of the Massachusetts Declaration of Rights, the Massachusetts Civil Rights Act, G.L.c. 12, § 111 (1986 ed.), and...

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