Why This Congresswoman Opposes Effort To End Horrifying Horse Abuse

by (Become a fan) as published in the Huffington Post

“This legislation brings excessive regulatory burdens on the walking horse industry…”

Warning: Graphic Abuse Documented

WASHINGTON — The cruel practice of “soring” championship gaited horses by wrapping their hooves in corrosive chemicals and then applying chains or bands to the wounds in order to create an artificially high-stepping gait came under heightened scrutiny this week in Congress.

Kentucky Republican Rep. Ed Whitfield has introduced a bill to strengthen the decades-old ban on soring gaited horses. So far, Whitfield has garnered 233 co-sponsors from both parties, a difficult task in the highly polarized House of Representatives. But at a hearing of the Energy and Commerce Committee on Wednesday, Whitfield’s bill was met with opposition from his fellow Republican, Tennessee Rep. Marsha Blackburn.

Tennessee Walking Horse SoringKentucky and Tennessee are home to the bulk of the industry for gaited show horses, in which breeds like the Tennessee Walking Horse are paraded around show rings for major prize money in intense competitions. To create the signature high-stepped gait, trainers often use heavy weights or painful chains on the horses’ hooves. What may look to the audience like a happy horse prancing is actually a horse flinching — the animal lifts its legs higher because putting them on the ground is painful.

Whitfield’s bill, called the Prevent All Soring Tactics (PAST) Act, would prohibit the use of any artificial tools to make horses hold their legs higher and stiffen maximum penalties for those who break existing Horse Protection Act statutes. It would also require that horse inspectors looking for soring be licensed by the USDA, and prohibit those with financial interests in the show industry from acting as inspectors. Tennessee Democratic Rep. Steve Cohen is also a leading sponsor of the bill.

Blackburn, who is vice chair of the subcommittee that held the hearing and one of the top Republican women in the House, spoke out against the bill. “This legislation brings excessive regulatory burdens on the walking horse industry and could potentially eliminate the entire industry and thus the entire breed,” Blackburn told the witnesses. The lawmaker argued that the show-horse industry’s compliance with the current ban on soring is around 97 percent, thereby making any tougher inspections unnecessary.

Effects of Horse SoringBlackburn did not respond to a request for comment from The Huffington Post.

Current law bans the use of soring chemicals, but not the use of weighted horseshoes, hoof bands and other devices. Supporters of the PAST Act say the currently legal devices go hand-in-hand with chemical soring. As it stands, the walking horse industry is largely allowed to self-regulate whether owners and trainers abide by the law. And it reports its own — remarkably high — compliance rates.

But when independent USDA inspectors showed up in Blackburn’s home state in 2012 for the gaited horse industry’s splashy annual show, known as the Celebration, they found that 76% of a random sample of nearly 200 horses all tested positive for chemicals commonly used in soring. Donna Benefield, a witness at the congressional hearing Wednesday who has administered USDA-certified horse inspection programs for the past 25 years, said these chemicals can include blistering mustard oil, lighter fluid and salicylic acid.

SoringA 2012 expose by ABC News (above) contained gruesome footage of one of the Tennessee Walking Horse industry’s top trainers, Jackie McConnell, soring horses. McConnell, who pled guilty to violating the Horse Protection Act, can be seen beating horses with a pipe while they lie in their stalls. Horses are also shown with chains wrapped around deliberately-inflicted wounds on their hooves. In one especially disturbing clip, McConnell repeatedly electrocutes a horse.

Marty Irby, a former world-champion Tennessee Walking Horse competitor who recently became an anti-soring advocate, spoke to the committee on Wednesday about the industry’s problem. He said he became fed up with pretending that the abuse shown by ABC wasn’t a common practice.

“Should I continue to perpetuate the lie that the padded and chained performance Tennessee Walking Horses are mostly sound and a few bad [trainers] sore them, or should I recognize the truth: that all padded and chained Tennessee Walking Horses are either sore or have been sored?” Irby said. Irby, 34, comes from a long line of championship Tennessee Walking Horse breeders, and he told HuffPost that taking a public stand against the abuse has cost him his marriage, his career and his relationship with his parents.

In August, Blackburn observed horse inspections in person at the 2013 Celebration, the same annual horse show where inspectors found the shockingly high violation rate in 2012. The Tennessean reported that the top walking horse industry lobbying group, the Performance Show Horse Association (PSHA), hosted a campaign fundraiser for Blackburn during her visit. Guests paid $100 a ticket, according to the Tennessean.

Despite Blackburn’s attendance at the show, and the heightened caution following the damning ABC video, the 2013 Celebration still had major problems. Among them was the early elimination of Honors, one of the show’s most popular horses and a past champion, after inspectors found evidence of soring on his leg. And two horses belonging to Terry Dotson, the then-president of the PSHA, also failed their inspections, according to the Tennessean. Just days after hosting Blackburn, Dotson resigned his position as PSHA’s president.

Click (HERE) to comment directly at The Huffington Post

Walking Horse Groups Take Their Arguments to Congress

by Paul C. Barton as published at WBIR.com

“Current laws against Soring are not adequately enforced, and they need to be…”

Effects of Horse SoringWASHINGTON — Legislation to further protect performance horses against practices that artificially increase their gait comes before the House Wednesday for what is expected to be an emotionally charged hearing.

The subcommittee on Commerce, Manufacturing and Trade of the House Energy and Commerce Committee will consider arguments on HR 1518, the Prevent all Soring Tactics bill.

The legislation, sponsored by Rep. Ed Whitfield, R-Ky., has 216 cosponsors, including one from the Tennessee congressional delegation, Rep. Steve Cohen, D-Memphis.

A Senate version offered by Sen. Kelly Ayotte, R-N.H., has 26 cosponsors. Tennessee Republican Sens. Lamar Alexander and Bob Corker are not sponsoring the legislation.

Soring – inflicting pain on a walking horse to make it more high-stepping – is already prohibited by the Horse Protection Act of 1970.

Whitfield’s bill, however, would enhance the Department of Agriculture’s inspection and enforcement capabilities at horse shows and specifically outlaw the use of special pads on hoofs and chains on lower legs to make a horse raise its limbs higher.

Animal-rights groups, including the Humane Society of the United States, contend such “action devices” often rub on areas made sore with blistering agents to inflict additional pain and achieve their purpose. Many involved in the walking horse industry say the charge lacks scientific evidence.

The fact that only one member of the state’s congressional delegation is cosponsoring the bill angers Marty Irby, past president of the Tennessee Walking Horse Breeders’ and Exhibitors’Association.

“I’m tremendously disappointed but not surprised,” Irby said, adding that many horse owners who want to preserve the status quo are politically connected to the delegation.

Irby said Rep. Marsha Blackburn, R-Brentwood, has told him she will oppose the bill and offer an alternative. Blackburn’s office did not respond by deadline to requests for comment.

As for the other delegation members, “They won’t give you a straight answer,” Irby said.

Opponents of the bill, including the Performance Show Horse Association, contend it is the proponents who are utilizing political connections. They point out that Connie Harriman-Whitfield, wife of the Kentucky congressman sponsoring the bill in the House, is a policy adviser to the Humane Society.

The Humane Society “has an agenda to eliminate the Tennessee walking horse as a breed,” said Jeffrey Howard, board member of the Performance Show Horse Association.

Tennessee congressional members who did address the bill offered differing views.

“We all want to protect horses, and if the industry is smart it will clean itself up. Current laws against Soring are not adequately enforced, and they need to be. If enforcement doesn’t improve, Congress should take additional steps,” said Rep. Jim Cooper, D-Nashville.

Rep. Scott DesJarlais, R-Jasper, questioned aspects of the bill that would increase powers of the Agriculture Department.

“Certainly there must be sufficient measures in place to protect the welfare of these animals,” DesJarlais said. “However the answer is not to simply expand federal bureaucracy and allow the USDA to inconsistently police an industry where there is less than 2 percent of a problem. We all must strive to end the practice of soring, and I believe the sport’s 98-plus percent compliance rate over the past several years indicates positive movement towards that goal.”

Alexander’s office said the senior senator “is concerned that a few bad actors threaten the treasured Tennessee Walking Horse tradition.”

Alexander is reviewing the legislation and wants to examine expert testimony from the House hearing as well, his office said.

Corker’s office said, “We look forward to reviewing the legislation and testimony from Wednesday’s hearing in the House.”

Congress “has potential to end soring forever”

Source: HorseTalk.co.nz

“To compromise would not free the Tennessee walking horse from this bondage forever…”

Keith DaneLegislation before Congress aimed at toughening measures around soring could end the cruel practice forever, the immediate past-president of the Tennessee Walking Horse Breeders and Exhibitors Association says.

Marty Irby was commenting on the Prevent All Soring Tactics (PAST) Act, currently before the House and Senate.

He said he fully supported the legislative push to toughen regulations around soring – the deliberate infliction of pain to horses’ legs and hooves to force them to perform an artificially high-stepping gait.

“Our United States Senators and Congressmen can virtually eliminate the cruel practice of soring and utilizing pads and chains, which is nothing short of slavery, by passing this amendment,” he said.

“To compromise would not free the Tennessee walking horse from this bondage forever. I stand firm and strong in my conviction, and I believe this is what it will take for the Tennessee walking horse to become the largest equine breed on Earth.”

Irby was commenting as the Tennessee Walking Horse National Celebration was coming to a close, and as the Humane Society of the United States has introduced a grants system that it hoped would encourage a sound and versatile future for competitive Tennessee walking horses.

Although the federal Horse Protection Act was enacted in 1970, it has been difficult to enforce and persistently flouted by a small but determined faction of the horse industry. As a result, soring has continued unabated.

The PAST Act will end walking horse industry self-policing, ban the use of certain devices associated with soring, strengthen penalties, and hold accountable all those involved in soring.

The measure has broad bipartisan support, with 140 co-sponsors in the House. The Senate bill was introduced just before the August recess.

Keith Dane, the director of equine protection for the humane society, said: “We believe the Tennessee walking horse industry can realize a sound future by recognizing some of its new leaders: owners and riders who appreciate the versatility, temperament and athleticism of this magnificent breed.”

Dane said the bill before Congress to toughen anti-soring measures would be an integral part of this push.

“When every aspect of soring abuse is eradicated by this important federal legislation, the horses and their caring owners will truly be able to shine.”…CONTINUED

Click (HERE) to read the rest of the story and to comment at HorseTalk

The Cruel, Corrupt Treatment of Horses

Commentary by U.S. Congressman Jim Moran

“Horses have been our companions and helped make this country what it is today”

Congressman Jim Moran, R.T. Fitch – president of Wild Horse Freedom Federation, Vicki Tobin – VP Equine Welfare Alliance speaking before National Capitol during press conference earlier this year ~ photo by Terry Fitch

Horses hold an iconic place in our nation’s history. Without Paul Revere‘s trusty steed, Brown Betty, the colonists in New England might have never known of the British forces’ late night advance toward Lexington. As American settlers moved west to the Pacific, horses pulled covered wagons and plowed fields on new homesteads. Horses accompanied many of our military commanders into battle, and horses still carry our fallen soldiers to their final resting places at Arlington National Cemetery.

Horses have been our companions and helped make this country what it is today.

Unfortunately, there is a dark side to our nation’s relationship with horses. America’s admiration for horses’ natural magnificence is the foundation of numerous industries, yet many of the horses used in these enterprises are treated poorly. Two sporting industries plagued by this inconsistency are the Tennessee Walking Horse show circuit and the world of horse racing.

Tennessee Walking Horse shows are too often gaudy pageants that mask a deeply entrenched subculture of abuse. The Tennessee Walking Horse is a breed long-admired for its unique gait and gentle disposition. Unfortunately, these same traits have motivated unscrupulous trainers to practice what is known as “soring” — the infliction of extreme pain on the horses’ feet by using caustic chemicals and painful devices to elicit an exaggerated version of the horse’s natural walk. This gait, known as “the big lick,” is prized at certain horse shows and draws handsome stud fees for champion horses.

Although soring has been illegal under the federal Horse Protection Act (HPA) for 40 years, it remains a ubiquitous and insidious part of the Tennessee Walking Horse community. While the walking horse industry shrouds its training methods in secrecy and denies that the problem exists, trainers who have been compelled to speak truthfully in court appearances paint a different picture. Horse trainer Barney Davis at his sentencing hearing in a Tennessee federal court, after pleading guilty to soring horses, said that “Every walking horse that enters into a show is sored. They’ve got to be sored to walk. There ain’t no good way to put it, but that’s how it is.”

Davis and his contemporaries in cruelty and greed should face meaningful consequences for their crimes. Currently, USDA enforcement of the HPA is inadequate and the statutory penalties too weak to deter this crime. A recently released USDA rule would make penalties mandatory, but we need congressional action to ensure exposure of, and accountability for, violations.

The sport of horse racing has also been overtaken by rampant cruelties inflicted for the sake of financial gain. Once referred to as “the sport of kings,” horse racing is now subject to widespread drugging of racehorses. “Doping” is the practice of administering drugs to horses in order to give them a competitive advantage when racing. According to an investigative report in The New York Times earlier this year, “trainers experiment with anything that might give them an edge, including chemicals that bulk up pigs and cattle before slaughter, cobra venom, Viagra, blood doping agents, stimulants and cancer drugs.” Doping is extremely dangerous to the horses and the jockeys who ride them because it masks warning signs of injuries and can cause horses to push beyond their limits. Devastating human and animal injuries and deaths have occurred as a result.

While the decentralized horse-racing industry has long promised to end this abuse, industry oversight has proved ineffective.

Lax enforcement allows violators to evade sanctions or receive mere slaps on the wrist as penalties. Inconsistent rules among various state commissions create a “race to the bottom” environment where individuals can avoid stricter sanctions by simply taking their operations to states with more lenient or non-existent regulations.

Federal oversight is urgently needed to address this corrupt practice that has spread to racetracks across the country because of the horse-racing industry’s inability or unwillingness to stop it. In 1980, the Corrupt Horse Racing Practices Act was introduced in Congress to address the doping problem, but never passed. Thirty-two years later, the trainer of I’ll Have Another — the winner of the Kentucky Derby and Preakness Stakes — was suspended in California for accumulated doping violations. It is time for Congress to finally take a stand for these tremendous equine athletes by passing the Interstate Horse Racing Improvement Act (H.R. 1733/S. 886).

Horses are our companions, our partners in sport and a living reminder of the American spirit. We owe it to them to acknowledge this special bond and to give them the humane treatment they deserve.

Click (HERE) to support Moran’s effort to stop horse slaughter in the U.S.

USDA Finalizes Regulations to Strengthen Enforcement of the Horse Protection Act

Press Release from the Humane Society of the United States

Legislation Needed for More Effective Enforcement

The U.S. Department of Agriculture announced the release of its final rule requiring uniform mandatory minimum penalties for violations of the federal Horse Protection Act. USDA-certified horse industry organizations operate alongside the USDA to enforce the Horse Protection Act by conducting inspections at Tennessee Walking Horse competitions. The final rule also clarifies that the agency can decertify a horse industry organization for any failure to comply with the regulations.

This is a much-needed step to strengthen enforcement of the act, which prohibits the showing and transporting of horses whose legs have been “sored” through the application of painful chemicals or other painful training methods to force them to perform an artificially high-stepping gait for show competitions. The HSUS thanked Secretary Tom Vilsack and USDA for taking this action to protect horses.

“We know that soring is not limited to a ‘few bad apples,’ and we applaud USDA’s decision to crack down on violators across the industry,” said Wayne Pacelle, president & CEO of The HSUS. “Congress should take further steps to give USDA the tools it needs to eradicate cruel soring practices once and for all.”

In 2010, The HSUS and other horse industry and animal protection groups filed a legal petition with USDA seeking regulatory changes to improve enforcement of the Horse Protection Act – including the implementation of a mandatory penalty structure.  When the agency announced its intention to require mandatory penalties, several of the largest HIOs refused to comply and have continued to dole out penalties indiscriminately. In May 2011, USDA proposed a rule to make the change official.

There is abundant evidence revealing that soring of Tennessee Walking horses and other related breeds remains prevalent throughout this industry despite the decades-old law. A recent undercover investigation by The HSUS led to a 52 count indictment of Jackie McConnell, a well-known Tennessee Walking Horse trainer, and three of his associates. McConnell pleaded guilty to felony conspiracy to violate the HPA after he was caught on video soring and violently abusing horses. At the time of the investigation, McConnell was under a five-year federal disqualification from participating in horse shows – yet continued to train horses and get them into the show ring.

Between 2010 and 2011, HIOs cited each of the top 20 trainers in the industry’s Riders Cup point program for violations of the HPA—with a total of 164 citations between them. Of the violations recorded, the HIOs only issued penalties for 25 percent, most of which were mere two-week suspensions from showing. Even more disturbing, less than 30 percent of those penalties were actually served and some trainers were allowed to serve multiple penalties simultaneously.

These statistics clearly illustrate that soring is still practiced among the top ranks in the Tennessee Walking Horse industry and that the industry’s current penalty structure has failed to deter trainers from abusing horses in violation of federal law. The law needs to be substantially strengthened in order to end a practice that has been illegal yet has continued unabated for more than 40 years.

2010/2011 HPA Violation Records:

•    Of the top 20 trainers  participating in the industry’s Riders Cup point program in 2011, 100 percent were cited by horse industry organizations for violations of the Horse Protection Act within the past two years
•    In total, 164 violations were cited for these trainers
•    Under the current penalty structure in place for the largest horse industry organizations, only 25 percent (41out of 164) of the violations called for penalties, most of which were only two-week suspensions
•    Only twelve of those 41 penalties were actually served—and some were served simultaneously by one trainer.

In addition to the top 20 trainers, there were 195 violations of the Horse Protection Act cited for trainers ranking from #21 – #74. Forty-two out of 53 of those trainers were cited during this two year period.

Stronger Federal Rule Announced to Impose Penalties against Horse Soring

Published in Wayne Pacelle’s A Humane Nation

“Soring has been a well-kept dirty secret in this industry and it’s time for this nonsense to end.”

The abuse of Tennessee walking horses has been in the news since The HSUS released video footage of one of the industry’s top trainers striking a horse in the face with a wooden handle and pouring injurious chemicals onto the feet of a horse. It was four decades ago that Congress passed the Horse Protection Act to prevent and criminalize “soring” and other abuses of horses. Tennessee state representative Janis Sontany wrote in a column in The Tennessean on Sunday: “Soring has been a well-kept dirty secret in this industry and it’s time for this nonsense to end.”

In 2010, The HSUS and a broad coalition of horse industry and animal protection groups filed a legal petition with the U.S. Department of Agriculture documenting that soring practices are rampant in the industry as part of trainers’ and owners’ determination to produce the high-stepping gait, or “big lick,” glamorized in the show ring. The petition sought a number of regulatory changes to improve HPA enforcement―including the implementation of a mandatory penalty structure.

Today, in the wake of the furor that’s resulted from the public witnessing the abusive practices documented in HSUS’s investigation, the USDA announced that there will be mandatory minimum penalties for violations of the law. Through the years, industry inspectors (part of what are known as “Horse Industry Organizations”) cited some trainers for “soring” but penalties were not consistently meted out, and there was no therefore meaningful disincentive to stop the abuse.

Today’s announcement changes the equation and provides much-needed improvements in HPA enforcement―finally providing some level of deterrence for lawbreakers. I commend Agriculture Secretary Vilsack for issuing this rule today.

As pleased as we are with USDA’s action, there’s additional reform that’s needed in order to root out soring. Animal protection groups, the American Association of Equine Practitioners, and the USDA’s own Inspector General have argued that the current system of industry self-regulation is fundamentally flawed. USDA inspectors should be doing the enforcement work, since they don’t have the inherent conflicts that industry personnel have.

That’s a task that Congress must complete. Federal legislators must amend the HPA to eliminate the industry’s role in enforcement of the Act, close loopholes that violators often slip through, and give the USDA the tools to fully protect this wonderful breed of horse, as Congress intended when it passed this law 42 years ago.

Since McConnell’s indictment, we’ve been hard at work bringing this abuse to the attention of state and federal authorities, urging them to do more to enforce and stiffen existing laws. We petitioned USDA Secretary Tom Vilsack asking him to treat the use of numbing and masking agents (used to camouflage evidence that a horse has been sored) as felony interference in enforcement of the HPA. And we asked the Tennessee Attorney General to investigate whether the current state cruelty law is being followed in reporting and prosecuting soring at horse shows in the state.

A recent analysis of the violation history of the top 20 trainers in the industry’s Riders Cup high point program found that every one of them was cited for HPA violations in the past two years, with a total 164 violations among them. How many served a suspension penalty? A mere 7 percent―and of those, all but a handful were for a measly two-week period.

We will also be calling on the industry itself to take some common-sense steps, including ousting those who torment animals from the show ring, establishing a zero-tolerance policy for this criminal behavior, and adopting practices and policies that will secure a place in the future of American equestrian sport for this breed. We want to help the industry reform, rebuild, and regrow, with the good, law-abiding animal lovers at the helm, reaping the rewards of fair, humane―and legal―competition.

Notorious Tennessee Walking Horse Trainer Pleads Guilt to Federal Charges

Tennessee Walking Horse performing running walk

Tennessee Walking Horse performing running walk (Photo credit: Wikipedia)

HSUS Press Release

HSUS Reacts to Guilty Pleas in Federal Horse Abuse Case

In the wake of The Humane Society of the United States’ undercover investigation into the shocking abuse of Tennessee Walking Horses, notorious trainer Jackie McConnell pleaded guilty yesterday to a felony conviction for charges related to conspiracy to violate the Horse Protection Act. Two of McConnell’s associates also pleaded guilty to related charges.

The HSUS expresses its thanks to U.S. Attorney William C. “Bill” Killian and Assistant U.S. Attorneys Steven S. Neff and M. Kent Anderson for pursuing criminal charges for violations of the HPA, and congratulates them on securing guilty pleas, including McConnell’s guilty plea to the charge of felony conspiracy—the most serious of the 52 counts in the federal indictment handed down by a federal grand jury in February. Federal charges are still pending against a fourth individual charged in the case. McConnell and two others also face 31 counts of violating Tennessee’s state animal cruelty statute in a separate matter that is still pending.

“Although the Horse Protection Act has been in place for more than 40 years, violators have seldom been prosecuted,” said Keith Dane, director of equine protection for The HSUS. “The McConnell case, and the conviction and imprisonment earlier this year of Barney Davis—another Tennessee horse trainer—send a clear message to anyone who sores a gaited show horse that soring is a federal crime, and the government will prosecute violators. We thank the U.S. Attorney’s Office, the U.S. Department of Agriculture Office of Inspector General, and Federal Bureau of Investigation for their work in these cases, and urge the federal government to continue to make enforcement of the Horse Protection Act a top priority.”

For seven weeks in 2011, The HSUS conducted an undercover investigation in McConnell’s Whitter Stables, showing individuals abusing horses by using painful chemicals on the horses’ front legs to force them to perform an artificially high-stepping gait for show competitions. The footage also shows horses being brutally whipped, kicked, shocked in the face, and violently cracked across the heads and legs with heavy wooden sticks. The nation was shocked when this inexcusable cruelty was released to the public on ABC’s Nightline last week.

The HSUS investigator documented McConnell soring Moody Star, the winner of the 2010 Celebration Reserve World Grand Champion owned by Wilsene Moody. Some in the Tennessee Walking Horse industry deny that soring is still a pervasive part of the training process used to produce the “Big Lick” – the gait frequently accomplished by mechanical or chemical soring – that wins ribbons and titles at breed competitions. But at the 2011 Tennessee Walking Horse National Celebration, 52 of the 52 horses randomly chosen by the USDA tested positive for prohibited foreign substances applied to their pasterns. Foreign substance violation rates (for soring, numbing, or masking agents) at all USDA-inspected shows were 86 percent in 2010 and 97.6 percent in 2011, an indication that soring is widespread in the Tennessee Walking Horse industry. At the time of The HSUS’s investigation, McConnell was under a five-year federal disqualification from participating in horse shows – yet continued to train horses and get them into the show ring.

The HSUS has long been dedicated to ending this inhumane practice, and in the wake of this investigation, will be doing even more to root out and expose the terrible abuses of show horses.  Significant reforms to the HPA are needed and we will be working with Congress to strengthen the law, toughen the penalties, and provide adequate funding to give USDA the tools it needs to stamp out this cruel practice once and for all.