Story by Pat Raia of The Horse Online

But Door Left Open for Further Litigation

Attorney Gordon Cowan, Plaintiff Laura Leigh, WHFF President R.T. Fitch

A U.S. District Court Judge has denied wild horse advocates’ request to halt Bureau of Land Management (BLM) wild horse gathers in Nevada on grounds that the court cannot rule on BLM round-up conduct that has yet taken place.

In August wild horse advocate Laura Leigh, vice president of the Wild Horse Freedom Federation, filed a complaint and a companion Temporary Restraining Order asking the U.S. District Court Nevada District to stop the gather of mustangs from the Triple B and other Nevada herd areas on grounds that animals are treated inhumanely during and immediately after round-ups. U.S. District Court Judge Howard McKibben declined to prevent the BLM from completing the gather, but issued a temporary restraining order banning any mistreatment of mustangs during BLM gathers.

In September, Leigh filed an amended complaint asking the court to order specific humane treatment of BLM mustangs during and after gathers on grounds that BLM round-up conduct observed at the Trible B gather was likely to occur during other round-ups.

Meanwhile, BLM Director Bob Abbey announced that a team composed of agency personnel would review existing agency procedures used at the Triple B gather. In December, the agency released the panel’s findings along with 11 recommendations to improve BLM horse handling during gathers.

During a Jan. 26, hearing McKibben said that the court did not have the jurisdiction or supporting case law to be the “overseer” of the BLM overall, and that the court would not “police all gathers in the U.S. or even gathers in the district of northern Nevada.” However, McKibben said that wild horse advocates could continue to pursue round-up conduct cases on a gather-by-gather basis.

BLM Spokesman Tom Gorey declined detailed comment about McKibben’s decision.

“The decision speaks for itself,” Gorey said.

Leigh said she was encouraged that McKibben acknowledged wild horse welfare issues represented in the case, and promised to pursue future wild horse welfare cases when warranted.

“We’ll do it on a round-up-by-round-up basis until a written wild horse humane care protocol is in place,” Leigh said.

Press Release from the Wild Horse Freedom Federation

Legal Door Left Open For Further Litigation

Gordan Cowan, Laura Leigh, R.T. Fitch ~ photo by Elyse Gardner

RENO, (WHFF) –Yesterday, January 26th 2012, in a Nevada Federal Court the legal saga addressing the lack of human care standards in the Bureau of Land Management’s (BLM) Wild Horse and Burro program continued as U.S. District Judge Howard McKibben acknowledged the validity of concerns brought forward but denied any further action, on the original complaint, against the BLM on behalf of plaintiff Laura Leigh of the Wild Horse Freedom Federation (WHFF) while leaving the door open for additional new action.

On August 30th of 2011 Judge McKibeen handed Leigh and WHFF a unique victory when he granted a Temporary Restraining Order (TRO) against the BLM and their helicopter roundup contractor, Sun-J, which unequivocally shut down the Triple-B wild horse roundup on the Nevada/Utah state line.  But yesterday the Judge stated that although the plaintiff was free to address questionable conduct issues “roundup by roundup” the court did not have the jurisdiction or supporting case law to be the “overseer” of the BLM, overall.

Although the court denied injunctive relief without prejudice the Judge was animate in stating that he was and will continue to be concerned with the care and handling of wild horses within Northern Nevada and reminded Leigh and the wild horse advocates present that their actions did not go without positive reaction from the BLM:

  1. The Triple-B roundup was halted due to their legal action
  2. The BLM conducted an internal investigation into their contractor’s conduct at the roundup in question
  3. From said investigation opportunities for improvement were identified and a recommended list of appropriate contractor behaviors was itemized (which the Judge recommended to become required policy and procedure)
  4. The BLM will not be conducting any roundup activities in the Triple-B complex during 2012

Judge McKibben recognized Leigh’s standing, refused to address the BLM’s mootness argument and left the court’s door open for further litigation on behalf of the wild horses and burros should the situation warrant.

“This work is important,” said Leigh who is the VP of WHFF and founder of Wild Horse Education, “if that’s what it takes to get a written protocol to uphold the most basic premise of the Act, humane care, then that is what will happen.”

“I am encouraged,” stated attorney Gordon Cowan of Reno “this case has created focus on an important issue. Although not a resounding win, the Judge’s recognition of the importance of the issue and willingness to continue to hear these cases may yet lead to the desired outcome.”

“We found a dent in the BLM’s armor and likewise a Federal Judge who understands the issues,” said R.T. Fitch President of WHFF, “it is now incumbent upon ourselves and the advocacy to present noted discrepancies in an undisputable manner so as to permanently effect positive change in the handling and humane management of our national icons, the wild horses and burros of the United States”

Click (HERE) for official Press Release

Audio Post

Posted: January 26, 2012 by R.T. Fitch in Horse News
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Commentary by R.T. Fitch ~ President of the Wild Horse Freedom Federation

The Wild Ones Have a Voice in the Court

Laura Leigh prepping for case ~ photo by Gordon Cowan

As the sun slowly peeks it’s glowing orb above the mountains and hills that surround Reno, Nevada it may just appear to be another day for most, but well out beyond those hills the few remaining wild horses and burros are going to be, virtually, crowded into a courtroom, today.

It’s January 26th 2012, a brisk and invigorating Thursday morning in northern Nevada, or at least I think it is morning.  I blasted into town well after midnight by my Houston biological clock but a quick call to Laura Leigh reminded me that the evening was still young, by local time, and she still had a lot of work to do.  Could I help her with that work, nope, just go to the hotel and get some rest in preparation for tomorrow, which is now today, and we would pool resources in the morning.  So here I am, once again with my mind exclusively on the horses and burros while sitting alone in a hotel room, wondering what we will be feeling twelve hours from now and what the future will look like for our four legged plaintiffs.  Perhaps, after drinking a pot of coffee, the most obvious statements that swirl around behind my forehead can be broken down into just two statements, the first is:

“Have we done any good for the horses and burros?”

We have to be so very carful with our plans as there are virtually no resources for litigation outside of our own personal funds.  Many of us have privately and personally donated our hard earned income to make these actions move forward as, to date, a big name in the animal welfare game has not come forward to shoulder the overwhelming fiscal burden.  So every penny counts, we need to pick our battles well and above all, the clock is ticking.

There is an urgency of time as each day we delay more wild equines are being swept from their rightful land and excruciating grief and misery befalls the family bands of our national icons.  Time is a wasting and at my age, I have no time to waste.

“It’s all about the horses and burros.”

That statement has never been more poignant than it is today.  Laura staying up late doing her own brand of “do-it-yourself” legalize.  Her attorney trying to wedge this all in while attempting to run a “normal” law firm.  Several folks, like myself, coming in from across the nation simply to be witnesses for the horses and burros, it’s not about us.  We certainly don’t do this for the money, as all we do is spend it, and we most assuredly don’t do it for the fame, as there is none and often when you raise your hand to do the right thing a target magically appears either on your forehead or your back, sometimes both.  Everyone does it for the horses and burros.

Today the judge will, hopefully, render some sort of decision on what we at Wild Horse Freedom Federation refer to as the “Humane Care Case”.  You all remember Laura Leigh’s video of Sun-J’s helicopter allegedly pushing a wild horse with its skid.  This behavior is nothing new and such abuse by the Bureau of Land Management (BLM) is well documented but this case was a little different; a judge noted the lack of humane care and the BLM’s courtroom arrogance was likewise stirring the pot.

So the horses are getting a shot at getting what is right, not completely as we adore the entire concept of pulling the wild equids from the land without science or fact backing up such aggressive forms of management, but…while we attempt to spotlight the broken system and program we can, at the very least, attempt to do what is best for the horses and burros and that is to establish a humane protocol for their subsequent handling.

So I wait for Laura’s call to meet at the law offices and then onward to the courthouse.  I have no idea how this shall go but the very core of my soul wants to see us win one for the horses, it is a burning urgency that will not subside.

Say a prayer, cross a finger as Laura Leigh and the Wild Horse Freedom Federation try to sink one for the team, it’s about time the horses and burros have a win.

Tape at 6.

OpEd by R.T. Fitch ~ Author/President of Wild Horse Freedom Federation

The Sacrifice of the Horse has made this Country Great

“I have never seen a picture or a statue of a famous war hero riding a pig or cow into battle but the horse has always been there.”

The other day I finally had the opportunity to watch War Horse and was lucky enough to do so with my wife and her parents; the resulting afterglow yielded ample rewards.

My in-laws were not horse people until Terry and I got hitched; not that I brought horses with me into the relationship but I did bring the means that allowed Terry to live her dream, and her parents were there, in Brazil, when she was given Apache the Mongalarga Marchador who now lives with us in Texas.  My in-laws were hooked and always insist on taking care of the “GrandAnimals” when we travel.  So the invitation for a movie and a dinner was quickly accepted with great relish.

We attended a Monday afternoon matinee for not only the rock-bottom price of the tickets but because we knew that there would be few patrons present to distract us.  And we were right, there were only 9 total, including us, but one felt that she was above the rules and not only left her cell phone on but answered it in the middle of the movie.  I activated my death ray and vaporized her, immediately…in my mind.

We quietly left the movie with a few conciliatory comments about it and moseyed on to a nearby restaurant; once seated the conversation became rather lively and I was sincerely most entertained.

Terry’s folks are no strangers to our years long fight against the cruel and predatory business of horse slaughter and they watch our four legged children when we are off being the voice for the last of our free roaming wild horses and burros, but the movie War Horse touched them in a way that we have not been able to get close to and it showed, plenty.

There is a brief scene in the movie where a local, European butcher attempts to buy the equine war hero for his meat and it is nothing more than a few bids back and forth at an auction but it was enough to light a fire under the seats of my in-laws as they commented on their new found energy against the perverse evil of horse slaughter.  Statements began to fly and as they did I simply sat back and quietly sipped my cool glass of American Chardonnay and smiled.

“How could anyone eat a life long friend that had provided so much service and love, it would be like eating your dog, cat, or ole grandpa for that matter.”

“I have never seen a picture or a statue of a famous war hero riding a pig or cow into battle but the horse has always been there.”

“This country was truly founded on the back of the horse.”

So I ordered another glass of wine.  It was a unique and special experience watching that light of awareness come on and I didn’t even have to open my mouth, Steven Spielberg had done the talking for me and it was obvious that he made the point.

I revel in the message that the movie delivers and do not extoll it for it’s commercial enterprise.  As pro-horse advocates we truly need to embrace this gift from Hollywood and allow it to begin a dialogue and open conversations with people who have never even considered the trauma, pain and suffering that the American equine endures under the strangle hold of only a few.  It’s time to make those twisted few go away and it is also time to forever elevate the horse to the true position that it has earned in this country as a friend, a colleague and a partner in the building of a nation that believes in freedom and liberty for all.

Let us endeavor to extend that freedom and liberty to the very symbol of those words, the American Equine, after all, it is the very least that we can do.

May the Force of the Horse be with you.

By Jerry Finch ~ President of Habitat for Horses

“Real cowboys don’t eat their horses.”

I’ve known a lot of ranchers in my life; good, honest men with a work ethic born of pride in the job they do, men who think nothing of rolling out round bales of hay in minus 20 degree weather, who would go out in a rainstorm and bring an abandoned calf into the barn and bottle feed it for days on end because, “he deserves a chance.” On the flat plains of north Texas, life on the range could destroy the weak, but for those who persevered it could turn them into the very best of the human race.

Back in the early days of my youth, I thought that all real men held those values. I was proud to ride horses beside them, to be considered one of them, even if it meant an occasional joke about me being just a kid. I’m sure there were bad guys, I just didn’t know them. I knew there was horse slaughter back then, too, but the cowboys I knew would have nothing to do with it.

One hard, thin old man called me over one day and, holding a horse, said, “Look at this horse and tell me what you see, boy.”

I’m sure I said something half hearted, but his response is still with me. “If you have a clean heart, when you look into his eyes you will see the face of God. You respect what’s inside that horse, boy, and the horse will always respect you.”

A few weeks later, when school was out for the summer, he offered me a job. Being a new teenager, I thought I knew a lot, but the bottom line on horses is that talking doesn’t account for anything. It’s the doing that gets the job done.

The first day I walked up and met the ranch foreman. He was a weathered old cowboy that could cuss more in 30 seconds than most sailors could do in a lifetime. The day I started he pointed to the corral holding about 10 horses and said, “Whatever horse you catch is the one you ride.” Nine other cowboys walked out with me to the corral, each caught a horse within a few minutes, saddled up and headed out to work the cattle. I was left alone with a mare that had absolutely no love for humans.

The old man did nothing more than stand on the porch, watching. Not a word escaped him as I followed that horse around the corral for what seemed like two hours. Once I sat down, fed up with the horse, mad at myself and disgusted at the world.

“I guess you think that horse is gonna’ put the saddle on by herself?” he said, leaning against the porch post. I stood up, dusted myself off and started again. Another two hours passed and, to my complete surprise, the horse walked over to me and stood still as I put the lead rope over her neck, put on the halter and led her to where I had the saddle. Another five minutes and I was sitting on her, fully expecting to hear the old man laugh at me and tell me that he didn’t need me anymore.

He didn’t. Instead he opened the gate to let me through and said words that I carry with me to this day, “You didn’t give up. That’s the kind of person we need.” That was the first day of my first real job at age 14, a cowboy, working with men who had been doing it their whole lives. I value those memories as if they were gold. And those men? They are rare today. I’m sure a few still exist. I might see one or two a year, but it’s a dying breed, replaced by the white hats, white starched shirts and bolo ties of citified “cowboys” who work at the American Quarter Horse Association, headquartered in Amarillo, the town where I grew up. What few still exist gather on occasion at the Texas and Southwestern Cattle Raiser’s Association, an organization designed to “Honor and Protect the Ranching Way of Life.”

Both of those organizations promote the commercial slaughter of horses. Neither organization ever polled its members to see if they agree.

Neither has the American Veterinarian Medical Association or the American Association of Equine Practitioners. No votes, no poll, just those in power taking the position that they know what this country needs more than the membership and thus will dictate what is to be believed.

The Cattleman’s Association spread the word that giving in to those “damn animal activist” and stopping horse slaughter is the start of a “slippery slope” that will lead to the end of all animal processing in the US and the total and complete destruction of the “American Way of Life.” Ignoring the fact that 80% of the population is against horse slaughter and could thus be considered as “animal activist,” and that the vast majority of that 80% of the American population drives the market for beef, pork and chicken. The ranchers somehow bought the story because the Association told them so.

Same with the “personal property” argument. “Those horses are your personal property. Are you going to let those left wing sickos tell you what you can and can’t do with your own property?”

And the reason they spend so much time and energy trying to convince the ranchers and the rest of the public that horse slaughter is necessary is because ….

… neglect and starvation are increasing because the slaughterhouses closed down and we need horse slaughter again.

… massive numbers of horses are being abandoned all across the nation.

… old horses are left in pastures to starve to death.

… the trip to Mexico and Canada is too long and they are concerned for the welfare of the horses.

… too many horses are untrained and dangerous and we need a way to get rid of them.

… no one wants old, sick, injured horses so the best way to dispose of them is to send them to slaughter.

… the American public needs our help to rid ourselves of all the unwanted horses.

One after another, the stories continue. Without any factual basis, stories made up in the boardrooms and promoted throughout the network to end up as facts in newspapers and magazines and discussed in the annual meetings.

Don’t dare dig too deep, don’t disturb the cover story, because under all that glitter of authority is something very ugly, something that doesn’t do well in daylight, something never even whispered. It crawls through the slaughter industry like fat maggots, feeding on the putrid lies and deceit of pure evil.

The face of horse slaughter is uncontrolled abuse, naked hatred of living animals, lust for money no matter how much it is soaked in blood and guts.

Here’s something you should listen to, the words of a trucker who got stuck hauling horses to the border to be slaughtered.

A quote from a killer-buyer, ““We shoot them full of steroids to beef them up so we can get more for them at the slaughterhouse.”

From another killer-buyer, “If they start kicking, we poke their eyes out. That calms them down real fast.”

“We don’t need paperwork. We have a ton of it.”

“We travel at night so we don’t get stopped. We’re suppose to have health certificates going into Texas but hell, they never stop us.”

“The reason you see skinny horses wandering around? We dump them on the way. They only want fat, young horses. Taking something old or skinny is a waste of time.”

So this is the best that the horse slaughter industry has to offer. These are the only logical, valued, bold statements the industry can produce, and that I’m sure they make one proud enough to stand up and say, “I believe in horse slaughter!” in front of the kids, in public.

In the darkness of the night the horses are crammed into trucks – shocked, beaten, terrified. We trained them to respect us, to trust us, to believe that we will protect them, yet in their final hour we betray them, we turn our backs to their screams. In the horror of their death, we count the bloody dollars we’ve crammed in our pockets. This is what the American cowboy has become. All for the love of money.

Now I ask you this – who is destroying the “American Way of Life”? Is it the 80% of us who are against horse slaughter because we value an animal that is so unique in God’s world? Or is it those who value the crumpled dollars in their pockets more than they value any connection to another living creature?

Is it the politicians who support the American Horse Slaughter Prevention Act, who have ignored the pledges of the lobbyist and the pats on the back of the big organizations who want a way to dispose of their horses, or those politicians who accept the “donations” and agree that horses need mercy killing and do everything they can to kill the bills in the Senate?

A few months ago I was at the vet clinic with one of our horses. There was a stereotypical old cowboy before me, weathered face, worn-out body, bowlegged, holding on to an aged horse that was obviously in pain. Doc did the usual, but the belly was swelling fast, a sure sign that the intestines just ruptured. Doc looked at the cowboy and shook his head.

That old cowboy heaved over in tears. He loved that horse. It was his friend, his best buddy, his partner, and letting go was just as hard as it would have been letting go of a child. That was one of the last real cowboys I’ve seen.

As the old saying goes, “Real cowboys don’t eat their horses.”

If you want to rant and rave about how horse slaughter is necessary because of X, Y and Z, face up to the fact that we both know the truth. It’s only about money. It’s about the 1% of the horses in this country that the wealthy in Europe want to eat and for which they are willing to pay, and it’s the very small number of people in the US who are hell-bent to provide the horses and feed the slaughter machine, all for the love of money.

There is nothing else involved.

Commentary by Laurie Dixon from HorseTalk.co.nz

Race Horse Sent to Retirement, Instead Goes to Slaughter

Beau Jaques

The sad demise of former racehorse Beau Jacques will upset any horse lover.

Here was a thoroughbred gelding who, at five, was at the end of his racing career.

Owner Kevin Patterson had spent $US1000 in veterinary care to help Beau Jacques over a tendon injury suffered on March 29 last year, in the first step in getting him right for a new career after racing.

Kelsey Elva Lefever, 24, met with Patterson in May and held out the promise of a bright future for Beau Jacques.

Patterson gave Lefever Beau Jacques on the understanding she would find him a new home and he was not to be sold for meat under any circumstances, according to a probable-cause affidavit signed by Trooper Colleen Shelly, of the Pennsylvania State Police Department.

Patterson also gave her $US200 and 10 bags of horse feed to help Beau Jacques on his way.

He said if she needed any more money to help with Beau Jacques, she should get in touch. If things didn’t work out for his horse, he would take him back, he added.

Lefever asked if Beau Jacques had been medicated recently. Patterson confirmed the horse had received penicillin, naproxen and phenylbutazone.

In little more a week, through checks made by a volunteer with the charity, Animal Angels, it was established that Beau Jacques was in the trailer of a known kill buyer who sends horses to a Canadian plant.

The court will obviously decide the outcome in this case, with Lefever facing five charges – one of deceptive business practices and four counts of theft by deception over the sale of four horses, including Beau Jacques.

One wonders, however, whether the authorities will choose to pursue another interesting aspect that arises out of this case.

The affidavit indicates that the kill buyer in question paid, in total, $US1661 for four horses, including Beau Jacques, who were shipped from Pennsylvania to a Canadian slaughter plant.

Given that Lefever asked about medications, and Patterson made it clear that Beau Jacques had received three different drugs within the preceding two months, including phenylbutazone, it is interesting that Beau Jacques made it to slaughter at all.

There is no legal withholding period for phenylbutazone. Once a horse has received the so-called “horse’s aspirin”, it is no longer suitable for human consumption.

What became of Beau Jacques? Did his paperwork indicate he had received phenylbutazone and he was rejected at the plant? Did the paperwork show he had received phenylbutazone and went for petfood instead? Or did his paperwork show no known medication record and he was processed for human consumption?

Anti-slaughter advocates argue that horse slaughter is cruel and unnecessary. They also argue that horses are not raised as food animals in the United States and the wide use of medications such as phenylbutazone make them unsuitable for the human food chain.

The head of the Humane Society of the United States, Wayne Pacelle, describes the horse slaughter industry as disreputable and predatory.

The circumstances outlined in Officer Shelly’s affidavit lend weight to that argument.

In this case, Beau Jacques had an owner clearly determined to ensure his retired racehorse had a future. He helped with money and feed, and made it clear he would take the horse back if things didn’t work out.

That Beau Jacques never got that chance is distressing.

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