NEWS and ARTICLES - Barney Davis Soring Horses While on Bond

Many of you probably remember about the four SSHBEA people who were found not only soring horses, but also falsifying papers about horses. If you don't, check out below.

Federal Grand Jury Indicts Three for Violating HPA

Trial Date Set for SSHBEA HPA Violators

Increase to Davis et. al. Defendants and Indictment Charges

Now, one of the four, Barney Davis, has been locked up. Why? Because he was videotaped soring a horse while he was on bond.

From the article of The Republic of Columbia, Indiana: "[Davis], a defendant in a Tennessee horse soring case has surrendered his pre-trial bond and been locked up in response to a video that shows him building a block to affect a horse's gait and being present when a plate and bolt were inserted in a horse's foot area, his attorney said Friday." Click here for the full article. I have copied and pasted it below.

This monster has pleaded not guilty to the charges against him for soring horses and falsifying papers, and then this happens. Even his attorney says: "I really feel what he as doing was certainly inconsistent with what his obligations were on bond."

To the TWH/SSH Industry: Do you see now why we are so against what you do? You allowed this monster to go ahead and continue abusing horses. Don't think you're responsible for it? Well, you are. You are because since the industry does nothing more than give a slap on the wrist when they do wrong, Davis probably felt it was perfectly okay to continue soring horses. You're also responsible because someone allowed this monster work on their horse while he was on bond, so whomever allowed him to do this doesn't have respect for the law either. So, if you don't take it seriously, why would your members, owners, trainers and exhibitors take it seriously?

I was told recently that an HPA violation is no worse than a speeding ticket. So I guess in that respect, getting caught dog fighting is no worse than doing a little graffiti. Or perhaps canned hunts are no worse than littering. Face the facts, people: violating a federal law absolutely IS NOT similar to a speeding ticket. Here is the proof. Davis is going to pay for his stupidity. The industry should also pay, for he has certainly tarnished your reputation, and eventually you are going to run out of spit to try to shine it back up.

May many more trainers like Davis be caught, and may they be caught soon, for the sake of protecting the horse.

**********

Horse soring defendant locked up after video shows him working on horse while on bond

BILL POOVEY Associated Press

First Posted: July 29, 2011 - 12:12 pm
Last Updated: July 29, 2011 - 1:32 pm

CHATTANOOGA, Tenn. — A defendant in a Tennessee horse soring case has surrendered his pre-trial bond and been locked up in response to a video that shows him building a block to affect a horse's gait and being present when a plate and bolt were inserted in a horse's foot area, his attorney said Friday.

A U.S. magistrate ordered Barney Davis, 38, of Lewisburg detained and set an Aug. 11 bond revocation hearing. His trial is set for Oct. 18.

Prosecutors seeking to revoke Davis's bond contend in a statement that he violated court-ordered conditions that included staying away from horses he did not own and avoiding training horses and any soring practices.

Soring involves irritating a horse's foreleg and hoof to make the animal walk with a certain gait that is valued at competitions. The illegal practice can involve bolts driven into horses' hooves, attaching objects to their legs or using pain-producing chemicals.

Davis, who operates a stable, has pleaded not guilty to charges that include conspiring to violate the federal Horse Protection Act. A conviction carries a maximum possible penalty of five years in prison.

Three other defendants in the case, Christen Altman, 25, and Paul Blackburn, 35, both of Shelbyville, and Jeffery Bradford, 33, of Lewisburg, remain free.

A superseding indictment in April also includes charges of falsifying entry forms and other related paperwork. Prosecutors contend Davis and Altman collected payments from out-of-state clients based on false representations the animals would be legally trained and then used mechanical and chemical soring practices.

Assistant U.S. Attorney Chris Poole declined comment Friday about the case and Davis being placed in custody in Bradley County.

Davis' attorney, John Norton III of Shelbyville, said Friday that after seeing the video of his client he advised him to surrender his bond at the Thursday hearing. It was not clear where the video came from, but Norton described it as "persuasive."

He said Davis "appeared helping form a block to the horse's foot area" and was "present when a plate and bolt was inserted in a horse's foot area."

"I really feel what he was doing was certainly inconsistent with what his obligations were on bond," Norton said.

Norton said he had not previously discussed a possible plea deal for Davis. He said he was unsure if prosecutors have discussed a plea deal any of the other defendants.

"Unfortunately in a case like this, everybody picks a corner," Norton said.

He said there a lot of witnesses and predicted the trial could take several weeks.

An attorney for Altman, Jerry Summers of Chattanooga, previously told U.S. Magistrate Bill Carter that about 30 horse owners each pay $400 a month to have Davis keep and train their animals.

RESEARCH - The Results of the Comments to The Mandatory Penalties Proposal

I decided to go through all 898 comments submitted to the USDA concerning the proposal for the mandatory penalties. I broke them down into several categories, and I've detailed what I found below. *UPDATED 7/29: I recounted as I was way off base! The correct numbers are below.*

But first, let's make something very clear: this absolutely was not a voting issue. No one "won" here. No matter which side had more comments, for or against, it was not a matter of numbers as to whether or not the USDA will mandate the penalties. The USDA will be considering all comments and will make a decision based on the facts and the comments.

So, here's the data as I found it to be. Some responses were completely unrelated, so those aren't counted here. Please note that mistakes can be made--I could be off on numbers here and there. I did not double check my work as it took me many hours to do this, so anyone who wishes to do so is welcome to it.

For Mandated Penalties

Individual Responses: 133

Responses sent to one association for submission: 27,349

Associations For: 10

American Association of Equine Practitioners (AAEP)

American Horse Council (AHC)

American Horse Protection Association (AHPA)

American Society for the Prevention of Cruelty to Animals (ASPCA)

American Veterinary Medical Association (AVMA)

Animal Welfare Institute (AWI)

Friends of Sound Horses (FOSH)

Humane Society of the United States (HSUS)

International Walking Horse Association (IWHA)

Total For: 27,492

Against Mandated Penalties

Individual Responses: 716

Responses sent to one association for submission: 0

Associations Against: 7

Kentucky HIO (KY-HIO)

Professional Regulation and and Inspection for Dedicated Equestrians (PRIDE)

Sound horses Honest judging Objective inspections Winning fairly (SHOW)

South Carolina Walking Horse Ladies' Auxiliary (SCWHLA)

Tennessee Walking Horse Breeders' and Exhibitors' Association (TWHBEA)

Walking Horse Owners' Association (WHOA)

Walking Horse Trainers' Association (WHTA)

Total Against: 723

Of course, the four HIOs who did not agree to the mandated penalties are against. That was a given. And the KY-HIO is of course against the penalties. But what do you expect from a group that is well known for bullying the USDA and having a VP who put so many chemicals on a young colt that its pastern was nearly burned off and the colt had to be put down?

I think TWHBEA has overstepped its bounds. Did they have a vote within their membership to ask if people were for or against the new penalties? If I were a member of TWHBEA, I would be canceling my membership after seeing they are against the penalties. They certainly wouldn't be representing my membership. TWHBEA continues to go back and forth as well. First they say they're "only" a registry, so they won't get involved, but then when it comes to stuff like this, they always jump right in. This is why I won't support them in any way.

Now on to the comments.

The most amazing but not totally unexpected part of this was how many HPA violators commented, and of course, all of them were opposed to the new penalties. My favorite was how several HPA violators said they have never hurt a horse in their life and that they stick to the code of ethics for training TWHs, yet the HPA database shows us they have sore and scarring violations. So maybe the code of ethics includes pretending that soring isn't hurting the horse.

I also discovered that the industry has obviously not read the structure of the penalties correctly and had two major complaints: they say the USDA does not have the authority to change the law and that the penalties don't allow for due process.

First, no, the USDA does not have the authority to change the law. However, they DO have the authority to AMEND the law, and this is per the Constitution and stated in the HPA itself. If the industry would have actually read the new penalty structure, they would have seen the word "amended" in the changes. Plus, the HPA specifically says in Section 1828: "The Secretary [of the USDA] is authorized to issue such rules and regulations as he deems necessary to carry out the provisions of this chapter [Chapter 44]" (HPA, USDA APHIS website). The new additions would be added to 9 Code of Federal Regulations (CFR) 11, and CFRs don't need an act of Congress to add to them.

Second, I don't think people realize what due process really is. The simple definition of due process is "the legal principle that the government must respect all of the legal rights that are owed to a person according to law" (Wikipedia, "due process," 28 July 2011). So what does that mean? It means that when the government finds someone violating a law, the person does have rights according to whatever that law says, such as they must be tried in court or whatever the law might cover. The HPA itself does not ignore due process. It specifically says in Section 1825(b)(1): "No penalty shall be assessed unless such person is given notice and opportunity for a hearing before the Secretary [of the USDA] with respect to such violation." As stated in Section 1825(b)(2), the person who violates the law is allowed to appeal the court's decision within 30 days of the court's decision. Plus per the added 11.25(d) for 9 CFR 11, the HIOs must provide a process by which people can appeal the court's decision. All of this is due process.

Overall, does anyone really think that the USDA is going to circumvent the law and do whatever they want? They have been fighting this for nearly 40 years - they aren't going to make such a simple mistake in their new rules.

Some other comments included trying to point the finger at other breeds, such as racehorses. The HPA does not cover breeds other than TWHs or other high-stepping gaited breeds, so trying to pass the blame onto someone else is ridiculous and fruitless.

Other comments included saying the industry will shut down and people will be out of jobs. But here's the kicker: if your horses are sound, then you should still be able to show with no penalties. So if the industry is going to fall, then does that mean everyone is soring their horses? As one woman said in her comment: "If you cannot operate within the industry without a clean horse you need to find another business." If the industry is being destroyed then it is by their own doing by continuing to sore and allow sore horses in the ring. Or if the industry is going to shut down because of new penalties, does that mean that they CAN'T create a sound horse, and they can only get the look they want by soring? The USDA has not caused the economic decline of the TWH industry. If people are leaving it because they don't like that the USDA is actually enforcing the federal law, then that's their issue, not the USDA's. It is a CHOICE to leave the industry; no one is putting a gun to your head and saying leave. It's not the USDA's job to make the industry survive. The HPA is about protecting the horse, and if the industry can't do that, then there's nothing the USDA can do to help them. So overall, new penalties should make you clean up your act, not force you out of business. You want your industry to continue? Stop soring horses. Easy peasy, lemon squeezy!

There is also a major focus on the scar rule. I do agree that the inspection process is too subjective. But at the same time, scars from soring are completely different than a pasture accident scar, a barbed wire scar, a horse clipping itself, and any other medical type scar there is out there. Plus, no other industry other than the TWH has horses that show the scars that are indicative of chemical soring. The USDA pointed all of this out in their Listening Sessions in 2006 so I won't go into it here. If a DQP cannot recognize this, then there is obviously something wrong with the HIO's training of the DQPs. What I believe the USDA does need to do is eliminate DQPs and HIOs and have VMOs only doing the inspections. But because shutting down the HIOs is more difficult, then this is the next best choice.

Overall, not one person who opposed the penalties was outside of the industry. Many times I saw that people said that soring has been completely eliminated, and that really made me laugh. A few times I saw that people said the mandatory penalties will "harm the Tennessee Walking Horse." This makes no sense--the penalties will further protect the horse. It will only harm those who will continue to sore their horses. I saw no statistical evidence that the VMOs and DQPs can't agree on a scar, no statistical evidence that horses are X percent compliant, no proof that horses are cleaner than they were before. Just hearsay and misinformation. Plus there were lots of different percentages that horses are compliant: 95%? 97%? 98%? Which is it? It was obvious that the majority of the responses were not based in reading the proposed penalties or understanding what due process or the HPA actually mean.

For those who were for mandating the penalties, there were many people who were outside of the TWH industry who support it. This includes the AVMA, the AWI, the HSUS, the AHPA, and the AAEP. Even some lawyers--WOW! Lawyers!--were all for the penalties. These are people who neither benefit nor experience loss according to how the TWH industry functions. It also says a lot that they are professional veterinarians and animal welfare groups and they agree with the penalties.

I'm glad to report that the AVMA, AAEP, and IWHA responses bring forth, echo and enforce all at the same time so much of what those of us who want to see soring end have been saying all along. See below for their responses--click the button that says PDF or DOC to the right to open the document.

AVMA comments

AAEP comments

IWHA comments

It amazing how many people are supportive of stopping soring and saving the TWH from this continued abuse. Thank you, one and all, for making your voices the horses' and helping them speak when they cannot speak for themselves.

NEWS - American Horse Council SUPPORTS the USDA's New Penalties

We have some amazing news here! Remember how Hal Rogers worked to get the American Horse Council to go against the USDA's new proposal, saying the industry is okee-dokee and there's no need for more penalties? (Click here for my blog post about it.) Well the AHC has changed their minds! They have posted their response to the proposal, and it is in support of the USDA! In fact, in my opinion, it is overwhelmingly supporting the USDA!

I have copied and pasted the AHC's response below since it is hard to find on the Registrar.gov website. The Walking Horse Report also posted the AHC's response, and of course they said that they are disappointed in the AHC's decision and will be following up with them. Well, I think we can all see where the WHR wanted their allegiance to go!

Highlights from the AHC's response include:

"The AHC believes that enforcing consistent and minimum penalties for HPA violators will heighten effective enforcement of the Act."

"The AHC believes that the current level of funding for the HPA does not enable the Agency to oversee and enforce the HPA adequately....The AHC supports the OIG audit finding which recommended USDA seek an appropriate level of funding that will help provide for additional inspectors, training, security, and advanced detection equipment."

"The AHC has worked with appropriators in Congress and requested an increase to $900,000 for the HPA to address these issues....The AHC will continue to work with Congress and USDA to obtain the appropriate level of funding needed to strengthen enforcement of the HPA."

I'll be talking more about the comments soon. Until now, let us rejoice that we have the AHC on our side! Be sure to send them your thank you letters and let them know how much we appreciate their support to help end soring!

**********

June 26, 2011

Docket No. APHIS-2011-0030
Regulatory Analysis and Development
PPD, APHIS, Station 3A-03.8
4700 River Road, Unit 118
Rockville, MD 20737-1238

Re: Docket No. APHIS-2011-0030. Horse Protection Act: Requiring Horse Industry Organizations To Assess and Enforce Minimum Penalties for Violations

Dear Dr. Cezar:

The American Horse Council (AHC) appreciates the opportunity to submit these comments to the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), on the proposed rule changes to amend the horse protection regulations to require horse industry organizations or associations that license Designated Qualified Persons (DQPs) to assess and enforce minimum penalties for violations of the Horse Protection Act (HPA). The AHC supports APHIS’ efforts to strengthen enforcement of the HPA.

The American Horse Council

The AHC is a Washington-based association that represents individual members and over 120 equine organizations before Congress and the federal regulatory agencies. AHC member organizations include breed registries, national and state equine associations, state horse councils, recreational associations, and organizations representing race tracks, horsemen, horse shows, veterinarians, farriers, rodeos, and other equine related stakeholders. The AHC also includes individual horse owners and breeders, veterinarians, farriers, trainers, professional, amateur, and recreational riders, and commercial suppliers. Individually, and through our organizational members, the AHC represents several hundred thousand horse owners and others involved in all sectors of the horse industry.

HPA Proposed Rule Changes

USDA has proposed to institute minimum penalty protocols to be included by an HIO in its rulebook. USDA is also proposing to require HIOs to adopt, assess and enforce penalties as strong as, or stronger, than the penalties set forth in the new USDA rule. The AHC believes that enforcing consistent and minimum penalties for HPA violators will heighten effective enforcement of the Act. The AHC supports the proposed minimum penalties, particularly:

• Suspending all individuals involved with the showing, exhibiting, or sale of a sore horse, including the owner, manager, trainer, rider, custodian and seller.

• Requiring that any person suspended not be permitted to show, exhibit, judge or manage a show or sale during the suspension period.

• Requiring a person with multiple suspensions to serve them concurrently.

• Adding an additional six months for violations during any suspension period.

• Setting specific minimum penalties for bilateral sore violations, unilateral sore violations, scar rule violations, foreign substance violations, equipment violations, and shoeing violations.

• Requiring that a sore horse be dismissed from the remainder of the show, exhibition or sale.

• Dismissing any unruly or fractious horse from the class.

The AHC believes that the current level of funding for the HPA does not enable the Agency to oversee and enforce the HPA adequately. In fiscal year 2007, HPA’s program budget was sufficient to send APHIS veterinarians to approximately 30 of the 463 accredited shows, or 6 percent. Given the weaknesses in the inspection process, APHIS employees need to attend more shows to ensure that horses are inspected adequately. The AHC supports the OIG audit finding which recommended USDA seek an appropriate level of funding that will help provide for additional inspectors, training, security, and advanced detection equipment.

The AHC has worked with appropriators in Congress and requested an increase to $900,000 for the HPA to address these issues. Unfortunately, even though the increase to $900,000 was included in the President’s FY 2012 Budget, the HPA was maintained at the previous year’s funding level. The AHC will continue to work with Congress and USDA to obtain the appropriate level of funding needed to strengthen enforcement of the HPA.

The AHC encourages USDA to continue to incorporate transparency and collaboration in all future HPA initiatives and to work cooperatively with the HIOs, show managers, and industry participants to ensure the industry thrives while also eliminating the act of soring.

Thank you for the opportunity to submit these comments. If you have any questions or need additional information, please contact us.

Sincerely,

James J. Hickey, Jr., President

NEWS and ARTICLES - Sore Horses Found At Tollesboro Fair July 15-16, 2011

The USDA rides the rescue! Thank you to Mr. Sacks for attending this show and exposing this group for who they really are.

As usual, the majority of the people left the show when the USDA came, so only 135 horses were shown this year when normally there are over 300. Seems quite suspicious to me--the USDA shows up and everyone scatters.

Four horses were found sore at the Tollesboro Lions Club Fair on July 15 and 16, 2011. "Friday, one violation was discovered. The horse had two sore feet. The Friday night violation will be a federal case. Three more violations were discovered Sunday. Two horses had one sore foot each. Another violation was for a foreign substance." I wonder how many more would have been found sore if people had stayed around? How many more horses are suffering silently while being driven back home?

And the reason why I believe pads, chains and bands need to be outlawed: "All of the violations were for 'padded' horses." As the USDA statistics show us, 90% of all the horses inspected and found in violation for the past three years (2008, 2009 and 2010) were padded horses. The industry has abused it privilege to have padded horses. This privilege needs to end.

" 'It is a legitimate concern,' Stanfield said of soring. 'I just wish it didn't harm us nonprofits.' "

I agree, Mr. Stanfield. I feel sorry for the charities that are supposed to benefit from this show as they might not have gotten as much money as they normally would have. I hope that this will help you make different decisions as to where you get your donations from in the future. The TWH industry continues to hide their abuse behind the guise of charity, and since sore horses were found, I think this show is proof of that. But still, horses are abused in order to help those in need...it makes no sense to me at all.

Click here for the link to the article from the The Ledger Independent. I have copied and pasted the article in its entirety below.

**********

USDA inspectors concerned about possible "horse soring" at Tollesboro fair

MISTY MAYNARD misty.maynard@lee.net | Posted: Friday, July 22, 2011 10:00 pm

Concerns about a practice called "horse soring" prompted the U.S. Department of Agriculture to send an inspector to the Tollesboro Lions Club Fair July 15 and 16, said Dave Sacks, a USDA spokesperson.

Four citations were written as a result of the USDA's presence, Sacks said. The inspector's presence also likely contributed to a smaller amount of participants in the horse show, said Paul Hampton, horse show manager and Lions Club member.

"Any show they've been to, it affects them big time," Hampton said.

The total amount of horses for both nights this year was just 135, compared to the more than 300 horses that were shown during the Friday and Saturday nights of the horse show last year, Hampton said.

According to the USDA, soring is the practice of applying a chemical, such as mustard oil, overweight chains or trimming a hoof to expose the sensitive tissue inflicted on any limb or a horse that can cause the horse to suffer physical pain or distress when moving.

"The practice of soring horses is aimed at producing an exaggerated show gait for competition," according to the USDA. "This practice is primarily used in the training of Tennessee Walking Horses, racking horses and related breeds."

According to the USDA, a similar gait can be achieved through selective breeding and humane training methods, but soring achieves the exaggerated gait with less effort and in less time.

Soring was outlawed under the federal Horse Protection Act, passed in 1970.

"We don't go to all shows, but certainly when we do go to a horse show we want to make sure no horses are being sored," Sacks said.

Animals are inspected by a designated qualified person before every show. When a USDA inspector come to a show, Sacks said they oversee the DQP process to make sure all protocols and standards are being followed.

Craig Stanfield, second vice president of the Lions Clubs, said horse soring has never been an issue at the Tollesboro fair and animal health is the number one priority. However, some exhibitors did not want to "take the chance" and left the show.

"It is a legitimate concern," Stanfield said of soring. "I just wish it didn't harm us nonprofits."

Friday, one violation was discovered. The horse had two sore feet. The Friday night violation will be a federal case, Sacks said.

Three more violations were discovered Saturday. Two horses had one sore foot each. Another violation was for a foreign substance.

All of the violations were for "padded" horses.

"The one violation listed as a federal case will be addressed by USDA, while the other three violations will more than likely be handled by the horse industry organization for that particular show," Sacks said. "For the federal case, our investigators must first conduct their investigation, then the case information will be turned over to USDA's Office of General Counsel. So, any potential fine will come about after this legal process."

The fair is the Tollesboro Lions Club biggest annual fund-raiser. The Lions Club contributes to several community projects and provides glasses for those who cannot afford them. They have also spent $275,000 in the past four years on improvements to the fair grounds, which are open to the public for recreation year-round. The grounds include a walking track, baseball field and basketball court, Stanfield said.

NEWS and ARTICLES - The Holistic Horse Picks Up The Campaign to Help Stop Soring

*****CLICK HERE AND CLICK SUBMIT A COMMENT TO ADD YOUR VOICE TO SAVE THE TWH*****

The Holistic Horse has picked up on the news that FOSH is requesting to see pads and chains banned from the show ring. They have a detailed article that explains what's going and how to comment on the current docket. Please take some time and read this--they have some excellent information on the facts of this situation and how important it is that we get out comments in. Their sample letter for the comment is great and is something we can all either use or springboard from!

Click here for the article from the Holistic Horse. Below is the text.

**********

FOSH Supports Ban on Action Devices and Pads

Written by Friends of Sound Horses

Friends of Sound Horses (FOSH) announces that it will request that the United States Department of Agriculture (USDA) ban the use of action devices and pads in the exhibition of Tennessee Walking Horses and related breeds. FOSH also encourages submission of comments to USDA by July 25 regarding penalty enforcement.

Statistics were analyzed from the past three years' data from shows that USDA Veterinary Medical Officers (VMOs) attended. Over those three years (2008, 2009 and 2010) the entries inspected averaged about 50% padded and 50% flat-shod horses. Thirty six percent of the padded horses inspected by the USDA had Horse Protection Act (HPA) violations, which was five times higher than that of flat-shod horses. Of the flat-shod horses the USDA inspected, 7% were in violation. Of the total violations reported, 90% of the violations were for padded horses while 10% of the violations were from flat-shod horses.

Soring is illegal under the Horse Protection Act (HPA) which was enacted in 1970 to eliminate soring in the horse show ring. Soring is the abusive practice of creating pain as a means of achieving a flashy gait in the Tennessee Walking Horse and other gaited horse breeds. Soring continues to be a common practice in some barns and showing venues and as the statistics bear out, especially in the padded horse show ring.

Submit Your Comments to USDA before July 25

On May 25, the United States Department of Agriculture (USDA) posted a proposed amendment to the Horse Protection Act (HPA) regulations which would require Horse Inspection Organizations (HIOs) to impose minimum mandatory penalties for HPA violations.

In its supporting document, the USDA states: “The proposed uniform penalty protocol may benefit the walking horse industry by:

- Helping to ensure more humane treatment of the horses;

- Reducing uncertainty about penalties for infractions of the Horse Protection Act;

- Enhancing the reputation and integrity of the walking horse industry;

- Providing for more fair competition at shows, which may positively impact attendance and regional economies; and

- Improving the value of the walking horse breeds”

If you want sound horses in the ring, these new rules are extremely important. At this time, four HIOs have refused to implement the mandatory penalties. The minimal penalties they are using are unconscionable. As an example, a trainer presenting a unilaterally sore horse for the third time under the proposed USDA rules would receive a six month year suspension. Under the previously mentioned four HIOs, the trainer only receives a two week suspension for the third unilaterally sored horse he brings up for DQP inspection. Further, those first two violations are not publicly reported, thus, TWH owners are in the dark as to the trainer’s actual reputation and violation record.

Please tell the USDA you are in favor of their proposed, mandated minimum penalties. Your comments may also include opinions on how these penalties may impact the industry; i.e., level the playing field for exhibitors with sound horses; sored horses in the ring negatively impact the Tennessee Walking Horse breed reputation, or economic advantages to mandatory penalties. Please feel free to mention the number of Walking Horses owned and showed and for how long, etc. Examples of comments: "As a Tennessee Walking Horse owner/breeder/exhibitor for XX years, I am in favor of the USDA mandated penalties." If you are in favor of a ban on action devices and pads, please note that in your comments also.

(For additional examples, please see below)

Please be aware the sore horse industry has gone all out to submit comments. They are opposed to the penalties because they feel the penalties will negatively impact the Tennessee Walking Horse industry/economy and that the USDA has been ruining their industry for years with over enforcement. They also feel the violations are too subjective. They are organizing a workshop to assist people in writing their responses and are providing computers and lunches to pull people in to ensure that they get the word out on how opposed they are to the penalties.

Please note the deadline is July 25. The website may get overloaded close to the deadline so please do not wait until July 25 to post a response.

To see the comments made to date. Click on each individual commentator’s name to see the comment.

Post your comments here.

Your real name need not be used when submitting a comment and no email address is requested. There is a time and character limit on comments so if you wish to file a lengthier response than 2000 characters or it takes you awhile to compose, it can be saved to a Word document and then attached to your comment or pasted into the Comment box.

Sample Language:

I commend the USDA for setting forth minimum penalties for owners, trainers, managers, riders, custodians and sellers for HPA infractions. The USDA is following through on the mandate of Congress to take whatever action is necessary to enforce the HPA The current, self-regulating system with mild penalties has never worked. Enforcement of the HPA has been lacking among several HIOs. All HIOs should be on a level playing field when assigning penalties against those who sore horses.

It is imperative that the USDA step in and provide standards for HIOs that are unable to carry out their mission to protect the horse.

The USDA Penalty Protocol is necessary for HPA violators to realize the USDA will take serious action against those who sore horses and those who allow their horses to be sored.

The industry needs consistency and standards in the operations and inspections of all HIOs. For four HIOs (PRIDE, SHOW, KWHA and Heart of America) to not adhere to the USDA’s mandated penalties creates an economic disadvantage to those HIOs that are following USDA’s guidelines.

Trainers, owners and exhibitors flock to HIOs with weak penalties leaving the compliant HIOs hung out to dry with few exhibitors because they adhered to the stiffer USDA penalty structure. As a result, mandated penalties and a published record of penalties are a necessity in this industry if horse burners (also known as cheaters) are to be permanently put out of business.

Stronger penalties for scars must be imposed. Scars occur because of the use of caustic agents and action devices. Period. Soring a horse on Monday so he is compliant for Friday must stop. The horse may be compliant for the show ring on Friday, but he will eventually accumulate scars on his pasterns. After decades of use of caustic agents on horses, it is mind-blowing that the members of WHTA cannot figure out how to train a horse soundly, isn’t it?

The only time there is subjectivity in determining a scar rule violation is when the decision is in the hands of a rogue HIO that refuses to follow the processes and standards of the USDA.

The padded show horse industry has made it clear they cannot show soundly. The USDA has no choice but to disallow the use of action devices and pads. As stated above, a chain has no effect unless a caustic agent is used on the horse’s pastern, so why in the world should action devices be allowed?

Despite the padded industry’s claim that horses have never looked better, the inspections are still weak and there are still sored horses in show rings every weekend day and night.

Thank you APHIS for proposing minimum penalties and expanding the realm of individuals responsible for a sored horse being presented. This is a great first step towards stronger enforcement of the Horse Protection Act, saving the Tennessee Walking horse industry and leveling the playing field so that sound exhibitors can finally win a ribbon.

I fully support the USDA’s proposed minimum penalties for owners, exhibitors, custodians, trainers, managers and sellers that exhibit, train or transport sore horses. After forty years of the HPA, sored horses are exhibited in the show ring every weekend because noncompliant HIOs cannot self-regulate. If an HIO refuses to implement minimum penalties or any other USDA requirement, it should be decertified. The USDA must do what Congress mandated 40 years ago: enforce the HPA and permanently remove sore horses from the show ring.

I also fully support the ban on action devices and chains. The chained, padded horse cannot do a big lick unless it is sored by caustic agents to create a pain reaction with the chain. I commend the USDA for recognizing that fact and being willing to ban those devices and pads.

Many commentators claim the Walking Horse industry has declined because of the USDA. Nothing could be further from the truth. The industry has not been weakened by the USDA except for the USDA’s inability to enforce the law for 40 years. I cannot emphasize strongly enough that the USDA is NOT responsible for the decline of this breed. That sin belongs on the backs of horse sorers and those who look the other way.

In summary, if the penalties are fully enforced by the HIOs and USDA, the Walking Horse industry will grow and sound horse owners and exhibitors will return.

FOSH is a national leader in the promotion of natural, sound gaited horses and in the fight against abuse and soring of Tennessee Walking Horses. For more information about FOSH or to become a member, please visit www.fosh.info

Holistic Horse magazine is your guide to natural horse health. www.holistichorse.com

*****CLICK HERE AND CLICK SUBMIT A COMMENT TO ADD YOUR VOICE TO SAVE THE TWH*****

NEWS - Requests To Ban Pads and Chains Begins

*****CLICK HERE AND CLICK SUBMIT A COMMENT TO ADD YOUR VOICE TO SAVE THE TWH*****

Since the industry has not been doing it's job, since the HIOs cannot seem to control their exhibitors and trainers, and since soring has been going on for far to long, then the time to start pushing the USDA to ban the tools used to sore horses has come.

From the below press release by FOSH:

Of the total violations reported [during the years 2008, 2009 and 2010], 90% of the violations were for padded horses and 10% were for flat shod horses.

Clearly, soring is still being achieved through using pads and chains to hide or enhance the pain. The industry has lost its privilege to show the padded and chained show horse. Nearly 40 years of abuse that still continues to this day, and the industry has not stopped it. Plus, we all know that when the USDA is not around the horses are more sore than ever. "Wildcat" shows are cropping up everywhere, over 400 last year. Reports of illegal shoe weights, illegal items such as plastic and wraps, and illegal lubricants are running rampant on the show grounds of these shows.

A follower of our blog was kind enough to go through the entire HPA database and found that 112 violations have been committed in 2011 alone. The majority of these violations were for unilateral sore, bilateral sore and the scar rule. Some people say this is a low number...I say anything above zero violations is too high. One or two, or perhaps 10, I know would be somewhat expected--cheaters will always cheat. But anything over that is unacceptable.

Soring has not ended, and it will continue as long as we allow it. Write your letters to the USDA supporting FOSH's decision, make your calls to your Congressmen. There is absolutely no reason that soring should still exist, and since the industry can't and won't stop it, then we need to see the tools used for soring be taken away.

**********

FOR IMMEDIATE RELEASE

Contact Person: Teresa Bippen

Tbippen1957@yahoo.com

FOSH Supports Ban on Action Devices and Pads

July 15, 2011

Friends of Sound Horses (FOSH) announces that it will request that the United States Department of Agriculture (USDA) ban the use of action devices and pads in the exhibition of Tennessee Walking Horses and related breeds.

Statistics were analyzed from the past three years' data from shows that USDA Veterinary Medical Officers (VMOs) attended. Over those three years (2008, 2009 and 2010) the entries inspected averaged about 50% padded and 50% flat-shod horses. Thirty six percent of the padded horses inspected by the USDA had Horse Protection Act (HPA) violations, which was five times higher than that of flat-shod horses. Of the flat-shod horses the USDA inspected, 7% were in violation. Of the total violations reported, 90% of the violations were for padded horses while 10% of the violations were from flat-shod horses.

Soring is illegal under the Horse Protection Act (HPA) which was enacted in 1970 to eliminate soring in the horse show ring. Soring is the abusive practice of creating pain as a means of achieving a flashy gait in the Tennessee Walking Horse and other gaited horse breeds. Soring continues to be a common practice in some barns and showing venues and as the statistics bear out, especially in the padded horse show ring.

FOSH is a national leader in the promotion of natural, sound gaited horses and in the fight against abuse and soring of Tennessee Walking Horses. For more information about FOSH or to become a member, please visit www.fosh.info or e-mail data@fosh.info

THOUGHTS - The Other Facebook Page

There is a new Facebook page on Facebook by Elizabeth Bailey that is not related to my page. Whether you like the page or not is your decision. However, I am letting everyone know that that page is not associated with this blog or my Facebook page. This means that my Facebook page won't be oh hold anytime soon.

I have reported the page as harassment and as a duplicate. Hopefully Facebook will act on these responses.

Thank you again for the continued support for the horse. Let us pray that the USDA will change things for us soon.

THOUGHTS - For the TWH Facebook Page and a New FTTWH Forum

Hello friends. As many of you may already know, the abuse from the side of the industry that supports padded horses has gotten out of hand on the Facebook page. The goal of the Facebook page was always to supplement the blog so folks could find out when new blog posts were made. Even I lost sight of this and fell into the trap of fighting with others. Overall, comments have gotten out of hand, and I believe that many people on the page have abused their privileges. I also have a hard time with others dominating the page with their comments, so the important action items are being shoved aside. Therefore, as of midnight on Monday, 7/18/11, the Facebook page will be put on hold. It will be back up without the ability to post comments within a few days.

Since I will most likely be accused of censoring others, being unfair, etc., I've decided that an open forum is a better place to allow these discussions. So feel free to come visit the new For the Tennessee Walking Horse Forum. The forum is absolutely free! Only registered members are allowed to comment to ward off spam.

The blog will continue, but I still have to moderate comments because of the continued spam for Asian p0rn that comes up.

Thank you for your continued support to help end soring. Please don't forget to comment on the current docket--we need your voices to be heard since the horses can't speak for themselves!

NEWS - Bad Image Horse at Cornersville Show - THE Reason to Get Your Comments In!

***THIS POST IS THE REASON WE NEED THE NEW USDA AMENDMENTS ADDED TO THE HPA.***

*****CLICK HERE AND CLICK SUBMIT A COMMENT TO ADD YOUR VOICE TO SAVE THE TWH*****

I found out about a horse that was ridden at The Cornersville Lions Club Show over the weekend. The class is the 2 Year Old Stallions class, which took place on Friday, July 8th, 2011. It was a SHOW affiliated show.

This horse is quite possibly one of the worst examples of a Big Lick Tennessee Walking Horse I have ever seen. Folks, while this is disturbing, WE ALL NEED TO WATCH THIS. You need to see the measures that some people go to just to win a blue ribbon at a small horse show.

VIDEO REMOVED BY REQUEST.

The horses start coming in at about 1 minute, 48 seconds. The offending rider enters at 2 minutes, 34 seconds. You can't miss him--he's the hunched over, spurring, bit pulling, whipping, Justin Harris, riding the sorrel with the flaxen mane and tail and two hind socks. This poor animal is ONLY 2 YEARS OLD. The number is 22. The worst part? This horse's name is Compliant.

Harris, who also "trained" this horse, is fresh off a one year suspension for bilateral soring of a horse, which ended 5/9/2011. He has seven HPA violations under his belt for unilateral and bilateral sore, the scar rule, and for violating his own suspension.

Many people in the industry are upset that this horse was shown. However, it doesn't seem that anyone is doing anything about it. Plus, if anyone who is complaining would take the law seriously, then perhaps Harris would never have put this horse in the ring in the first place. Harris could have been stopped long ago, but no one would take the stand and do it.

The Judge was Jamie Hankins. People are saying there were other horses that should have been excused from the Cornersville show as well, and he didn't excuse any of them. And to wit, Hankins has two of his own HPA violations, and he is also slated to be a judge at the Celebration. Will wonders never cease?

Hankins: YOU SHOULD HAVE EXCUSED THIS HORSE. This is one of the worst things I've ever seen. I've seen some sore horses in my time, but this takes the cake as far as pain and manipulation are concerned. I don't know if Compliant was intentionally sored or not, but even if he wasn't, you cannot tell me he's not in pain.

And guess what? I found out that the DQP at this show also has a horse in training at this trainer's barn. What a nice conflict of interest, which is common in this industry. So of course he let the horse in the ring.

But this is what we really need to focus on: EVERYONE is at fault for this at this show. First, the rider/trainer for obvious reasons. Second, the DQP for allowing this horse in. Third, the judge for not excusing the horse and not allowing him to show at the rest of the show. Fourth, the audience, for sitting on their asses and not doing anything but commenting on it.

The comments in the video are absolutely right: HOW did this horse get into this class? This is absolutely ridiculous. And yes, this IS the reason the industry are in trouble--they continue to allow this garbage to go on.

This is why we need to get your comments in on the USDA dockets. WE NEED TO STOP SEEING THIS, PERIOD. Some people think this isn't a big deal--that this only happens at every few shows. But since there are nearly 1000 TWH shows every year, then this happening at every few shows is a really big deal. We need to see this end, and we need to see it end now. One bad image horse is one bad image too many!

*****CLICK HERE AND CLICK SUBMIT A COMMENT TO ADD YOUR VOICE TO SAVE THE TWH*****

HOW YOU CAN HELP - WHTA Asks for EVERYONE to Respond to the Proposed HPA Amendments

Alright sound horse warriors, we have received a call to duty! Below is the letter as published by the Walking Horse Report from Bill Cantrell, president of WHTA. My comments are after the letter.

**********

Cantrell Makes Request to File Response

Friday, July 08, 2011

WHTA Member Notice:

Subject: Mandatory Penalties Rulemaking Request

Action: File a response opposing this rulemaking request

Background:

On May 27, 2011 the USDA published in the Federal Register a proposal to amend the horse protection regulations to require Horse Industry Organizations (HIO) or associations that license Designated Qualified Persons (DQP) to assess and enforce minimum penalties for violations of the Horse Protection Act and the regulations. To date, approximately 32 responses have been filed and the overwhelming majority is in favor of the proposed amendment and thus mandatory penalties.

It is urgent that the show horse industry act now on this public comment period and let their feelings be known by the USDA. This is an opportunity for the industry to be heard and everyone that owns, trains, exhibits or enjoys the Tennessee Walking Horse should feel responsible to file a response. The deadline for responses is July 26, 2011.

There are two ways to file your comment:

Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2011-0030 to submit or view comments and to view supporting and related materials available electronically.

Postal Mail/Commercial Delivery: Please send one copy of your comment to Docket No. APHIS-2011-0030, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2011-0030.

I urge each of you to file a personal response to this rulemaking request. The WHTA will file a response but the number of responses filed opposing this action is very important.

Thank you,

Bill Cantrell, WHTA President

**********

Mr. Cantrell is absolutely right:

...Everyone that owns, trains, exhibits or enjoys the Tennessee Walking Horse should feel responsible to file a response.

So this is our call to duty too! We need to file our responses to let the USDA know we support their decision.

There is a lot of talk going on in the circles that want to keep the rules as is that these actions are "unconstitutional." Well, the U.S. Constitution only sets up how the U.S. Government is supposed to run...THAT'S IT. There is nothing unconstitutional about making amendments to laws that are currently not being followed. If we didn't allow amendments or changes, then such major trials as Roe vs. Wade or Kramer vs. Kramer would not have made a difference to the national laws. If they are talking about the part that says life, liberty and the pursuit of happiness, we all know that that does not mean you can run around doing whatever you want without consequence. For example, pedophiles are happy when they are abusing children. So should we not have laws against it, just because the Constitution implies that it's okay since the pedophile's happy?

The USDA is absolutely are not taking away anyone's right to show horses or enjoy their horses by making amendments to these rules. First, amendments are allowed per the Constitution and the HPA itself. Second, the HPA gives the USDA APHIS permission to enforce the HPA by any means necessary, and that may mean by amendments. Third, the USDA is also going with what their bosses are telling them, specifically the OIG, which has deemed the current way of enforcing the HPA as not working at all and that changes must be made. The industry seems to have completely forgotten this fact.

The industry is also crying that the industry itself is being impeded by these rules, which is against the HPA. Well, this is true. But the problem is that the industry refuses to end soring, so their actions MUST be impeded in order for the law to be effective. And if the industry doesn't want the government to impose on them, then stop soring horses. As I've said time and time again, it's a very simple answer to a very serious problem. We know the industry is capable of ending soring--they just refuse to do it.

I would think that if the industry would actually end soring, that showing would actually be more fun and profitable for everyone involved. They won't be waiting to see if the USDA will show up at a show, and they don't have to risk not showing their horses and losing money when they pack up and leave when the USDA does come. The industry itself is becoming smaller and smaller as more people are staying away. They wouldn't have to so rudely defend the abuse and the idiotic look of the heavy shod horses all the time. And the industry would actually gain the respect of the rest of the horse world if they were to publicly end soring. It only benefits the industry to start cooperating and stop soring.

CLICK HERE for the document's page, and CLICK THE ORANGE BUTTON to submit your comment. If you have more to say than the allotted space, you can write your response in Word or any other computer program and save it as a PDF file. Or send a letter to the above address.

Pass this information on to your horse friends or any animal supporter you have in your family. Post information about it at your local barn, post it on rescue pages on Facebook, email everyone you can think of. The need for support is overwhelming!

DUE DATE IS JULY 26!!! Be sure to get your comments in ASAP! And THANK YOU in advance for supporting the sound horse and the HPA!

RESEARCH - The Current TWH vs. the Original TWH: A Great Blog About the History of the TWH

I was directed to a fun blog by a friend that details the history of the Tennessee Walking Horse. It's great because it has old photos, articles, and stories about the old days, which includes long before soring became the way to "train" the TWH. Click here for Walking Horse Trivia. "Smitty" is the person making the posts, kudos to his research and well put together blog! The photos are great--you can really see how well the horses moved and learn why exactly the gait was cultivated. And check out that gorgeous horse Honey Gold as the April Photo of the Month! WOW! Who wouldn't want a mane and tail like that. These were amazing animals that didn't need pads, chains, bands, or heavy shoes to be brilliant, gorgeous, and crowd-pleasing. I haven't read everything yet, but I started from the beginning and have really been enjoying the posts.

I particularly enjoyed the first article posted on the blog. It's titled The Unmistakable Walking Horse. Smitty posted this note about the article:

NOTE: the following excerpts are taken from AMERICA'S TENNESSEE WALKING HORSE, published in 1973 by Jack Knox, a nationally know editorial cartoonist, who had a long and lasting interest in horses of all breeds. For many years, he was a familiar figure at the Celebration, where many of his sketches of Tennessee Walking Horses were done. He spent much of his early life in the cowboy country of Texas and New Mexico and in later years, he took leave of his drawing board to spend vacations as a working cowboy. His studies of the Tennessee Walking Horse included both plantation pleasure and show horses.

I have seen a lot of Jack Knox's illustrations and they are dynamite. They really capture what the TWH was all about, the fluidity of gait and the ease of movement that the horse is known for.

Since I don't have permission from Smitty to save any of the photos in the article, I want to draw your attention to the second and third sets of drawings. Take a look at what the Big Lick used to be. A free flowing animal, without tall and heavy pads, and he sometimes wore bell boots to protect his heel bulbs from accidentally being kicked by his hind feet. The height of the knee is not higher than the shoulder, and the horse reaching and pulls with his front end while driving with his hind end, all while keeping his back level.

Now take a look at the conformation section. They talk about pads, but note how they aren't abnormally tall, nor is the heel sheered off with abnormally long toes. Now note the notes concerning the hocks.

Some "old timers" will argue that a "goose rump" and crooked hind legs are essential to the way a horse scoots his hind legs up under himself. But the Arab, longest striding horse ever bred, had an almost level croup, and "straight" hind legs. The Arab has but two natural gaits, a long-striding flat walk, a gallop - though easily trained to execute other gaits. Light horse breeds get their stride and refinement from "the royal drop" of blood from the ancient Arab. A few Arabs are listed "foundation" stock in the Walking Horse stud book.

Knox also points out: "Crooked hind legs are subject to bog spavins and other hock ailments."

Knox is actually saying that those conformation faults that are sought after in today's show horses ARE WRONG. He shows it even more so in the next paragraph and the following illustrations of faults.

Next is form. Form is a horse's "way of going" and is extremely important. A beautiful horse with perfection conformation will appear to show poor conformation if his "way of going" is not in honest form in his flat-walk, running-walk and canter, or with an "artificial" touch in his gaits.

So what is artificial? In the faults section, Knox has drawings that look very familiar. In fact they look just like the TWH Big Lick horse of today. The faults include:

1. Show horses should go straight, front and back. Faults are winging, where the front feet swing outward, or crossing in front and moving wide behind.

2. Over reaching and hitting the ground with the heel. This is not to be confused with the heel first step that all horses should have--this is an actual banging of the heels on the ground because the horse is moving too fast and is off balance.

3. "On the toes" or digging behind. This is obvious when horses fling dirt behind.

4. Lifting the horse to canter or "pumping" the horse to force the canter. "More of a 'crow hop' than a collected gallop!"

5. Wobbling and twisting hind legs when riding a sore horse.

Most importantly, Knox writes: "Behind the scenes or in the ring, whether front feet are sore from founder, laminitis, sand cracks, thrush or sored intentionally, unsound horses are easily detected."

I'm sure Knox would probably be pretty upset with how the show horse looks today. We can find nearly all of those faults in any Big Lick video you can find on YouTube. So why has the horse come to be like this? Why are the faults that are so clearly stated in such brilliant illustrations now the norm? The desire for more lift and reach, more crouch behind, and wanting the horse to be "doing something" without care for the horse's welfare has created this. We must understand that all of this is clearly to satisfy the vanity and pride of the horse owners, trainers, exhibitors, and even the judges. It is time for the industry to realize this has gotten out of hand. These illustrations alone should make all of us stop and think about what's going on.

I hope everyone takes time to read Smitty's blog. We can learn so much from it and how to get back the breed we seem to have lost. I think Smitty's got a great thing going so we can all learn about the roots of this horse and realize why we need to go back to what this horse used to be about. Let's all have pride in the natural gait and versatility of this wonderful breed!