"Milkshaking" occurs when horses are given a performance enhancing baking-soda mixture right before a race.
The regulations of the New York State Racing and Wagering Board ("Racing Board") provide that a horse must be placed in "pre-race detention" if the animal's blood carbon dioxide levels are high -- a "milkshake" side effect -- or a trainer has engaged in that prohibited activity more than once in a twelve-month period.
In this particular instance, when a horse was detained before a race, notice was given to the trainer (who had "milkshaked" twice in the past year), but not to the owners, the latter sued challenging the constitutionality of the Racing Board's regulations. (They argued that their due process rights had been violated.)
After the New York County Supreme Court granted relief in the owners' favor, an appeal to the Appellate Division, First Department, followed.
The AD1 was of the view the case suffered from a fatal defect -- in that the owners hadn't pursued all available legal remedies prior to filing suit. It was also unreceptive to the constitutional arguments presented, since any notice given to the trainer was akin to notifying the owners.
Brain freeze!
To view a copy of the Appellate Division's decision, please use this link: Sumner v. Hogan