Lawsuit filed challenging enforcement of Horse Protection Act
Lawsuit filed challenging enforcement of Horse Protection Act Monday, March 11, 2024
Editor’s Note: The following summary of a lawsuit filed earlier today in federal court in Jackson, Tenn., outlines the three main areas being challenged in enforcement of the Horse Protection Act. The lawsuit filed today is independent of the proposed rulemaking currently in process by USDA. To view the full complaint, click here.
SUMMARY OF NEW LAWSUIT CHALLENGING HORSE PROTECTION ACT REGULATIONS AND POLICIES
On March 11, 2024, trainers Michael Wright, Casey Wright, and Josh Wright sued the U.S. Department of Agriculture (“USDA” or “Agency”) challenging multiple USDA decisions disqualifying their horses in past shows and challenging the USDA rules that were applied to disqualify their horses. The Tennessee Walking Horse Industry supports the Wrights in their lawsuit, which raises issues that are important for the entire industry. The lawsuit asserts that USDA has been unlawfully disqualifying horses and violating trainers’ and owners’ due process rights by failing to provide any mechanism to review disqualification decisions. The lawsuit focuses on three challenges that may have impacts across the industry.
First, the lawsuit argues that the USDA has been violating constitutional due process rights by disqualifying horses without giving owners or trainers any opportunity to challenge disqualification decisions. USDA’s rules provide no hearing or other means—either before or after a disqualification—by which a trainer can challenge a disqualification and argue why a horse inspector’s decision was wrong. That violates the most fundamental principles under the Due Process Clause, which requires a meaningful opportunity to be heard in connection with any government deprivation of a liberty or property interest. As the lawsuit points out, a federal court determined eight years ago that the USDA violated due process rights by failing to provide any review mechanism, but the USDA has continued to operate under the same unconstitutional regime. The suit seeks an order declaring the USDA’s practice unlawful and an order requiring USDA to provide due process in connection with any disqualification decisions.
Second, the suit challenges the USDA’s continued enforcement of the Scar Rule, a regulation describing certain conditions which, if found on a horse’s legs, require deeming that horse to be sore. The Scar Rule exceeds the USDA’s authority under the Horse Protection Act (“HPA”) by using criteria different from those set by Congress in the Act. In addition, after a review conducted at USDA’s request, the National Academy of Sciences, Engineering, and Medicine told the USDA years ago that the criteria in the Scar Rule have no actual scientific connection to soring and that they cannot be consistently applied—and thus produce arbitrary results. For those reasons, too, the rule is inconsistent with the statute.
Third, the suit challenges USDA’s policy under which inspectors must disqualify a horse as sore if the horse shows any signs of inflammation in a post-show inspection, without regard to how the inflammation was caused. That approach also violates the statute by departing from the statutory definition of “sore,” which is triggered only when a person has taken some deliberate action to make a horse sore. Contrary to the USDA’s approach, any inflammation caused naturally during a competition—such as that caused by horse’s rear legs rubbing on the dirt or gravel in the ring—cannot be treated as a sign of soring under the Act.
The lawsuit asks the court to declare that the USDA’s rules are unlawful and to set them aside so that they can no longer be enforced against the Wrights or any other horse owners and trainers.
QUESTIONS AND ANSWERS
How does this lawsuit relate to the new rule USDA has proposed? This lawsuit challenges USDA’s existing rules and policies, not the new rule USDA has proposed. We are still waiting for USDA to issue the new rule, at which time there will likely be another lawsuit to challenge it. However, the issues raised in this lawsuit—in particular the due process concerns—are unlikely to go away once the new rule is adopted. A favorable ruling in this lawsuit will prevent USDA from enforcing its existing unlawful rules and should be taken into account by the USDA in the new rules it adopts.
Does the lawsuit help only the Wrights? What about other horse owners and trainers? The lawsuit is brought on behalf of the Wrights, but it seeks relief that would affect all horse owners and trainers. Because the rules and policies used to disqualify the Wrights’ horses are unlawful each and every time they are used, the complaint asks the court to prevent USDA from using them at all moving forward.
What about other things the USDA does? Why isn’t the USDA’s foreign substance policy part of this lawsuit? The lawsuit challenges rules and policies that were used against the Wrights in specific instances. It also challenges rules and policies that we believe give us a high chance of success. Should we win, we hope to be able to use that ruling to stop USDA from enforcing other unlawful rules (like its foreign substance policy) that go beyond the scope of its authority.
When will the court rule on the lawsuit? That depends on several factors, some of which will be up to the judge and the government. We hope to press for a ruling sometime this year.
Hotel Code and more for the United Fall Finale
Hotel Code and more for the United Fall Finale Wednesday, October 4, 2023
Please see below for the Gold Strike discount code, class schedule information and more for the United Fall Finale that will be held November 16-18, 2023, in Tunica, Mississippi.
JUDGES & CLASS SCHEDULE
Three of the sponsoring organizations (F.A.S.T., WHTA, and TWHBEA) each selected one judge for the show. Derek Bonner, Ross Campbell, and Jamie Hankins were announced in July as the three-judge panel for the show. The class sheet has also been previously announced and can be downloaded here. Once the requests for the three “Buy-A-Class” options have been received, a final class sheet will be released on October 17, 2023.
BUY-A-CLASS DEADLINE
Don’t see the class you need on our schedule? Never fear! Again, this year we’re offering three “Buy-A-Class” options (one each night). For $750 you can designate what this class is (subject to approval). These classes are available on a first come, first served basis. Requests should be sent to Sarah Smith at smith@horseworld.net before October 15, 2023.
HOST HOTEL
The Gold Strike Casino Resort has been selected as the Host Hotel for this year’s show. We were able to secure a rate considerably less than last year, but rooms are limited and must be reserved by Friday, October 20, 2023. To reserve your room, call the hotel at 662-357-1111 and ask for the “United Fall Finale” rate. The discounted rate for horse show exhibitors is $79 for Mon-Thu and $149 for Fri-Sat. Rates are based on availability and do not include applicable taxes and resort fee.
SPONSORSHIPS & VIP TABLES
Sponsorships are available from $100 to $5,000 – any amount is needed and appreciated. Sponsorships of $1,500 or greater are entitled to a ringside VIP table for 8 people, which includes a catered dinner each night. To become a sponsor and/or reserve your VIP table, contact Sarah Smith at 931-580-5085 or smith@horseworld.net. Click here to download a sponsorship form
DEADLINE FOR STALLS, RVs, VENDORS, SHAVINGS
October 20, 2023 is the deadline to reserve stalls, RV spots, vendor spaces and shavings. If you are requesting a certain location, it is important that we receive your reservations by this date. After this date, stalls and RVs will be assigned on a first come, first served basis.
• Stalls are $110 for 4 nights (Wed-Sat) and $130 for 5 nights (Tues-Sat). Stalls will be available beginning at Noon on Tuesday, November 14, 2023.
• RV spaces are $65 per day and must be reserved and paid for in advance.
• Vendor spaces are available for $250 for the entire show. Electricity and tables are extra.
• Shavings are $10 per bag and must be ordered by October 20, 2023 so we can order them and ensure delivery in time for the show. A very limited number will be available to order on-site. Because we must order and pay for shavings in advance, there will be no refunds on shavings after the deadline.
To reserve stalls, RV spots, vendor spaces and shavings, contact Dee Cantrell at 706-366-1011 or birddogs@bellsouth.net.
PICK YOUR PARTNER CLASS
The final class on Friday night is the “Pick Your Partner” class for performance horses. This class is open to teams of youth, amateurs, and/or trainers. Any combination is acceptable. One team member will ride first way and their partner will ride second way. New this year – this class will also serve as a fundraiser for the show. Teams are encouraged to enter early and then start soliciting sponsors (much like a walk-a-thon) to support them in the class. An award will be given for the team that raised the most money by the end of the class.
ONLINE ENTRIES
Entries are due by 1pm on the day of the class. Entries can be made in the entry office at the show or online at EnterMyWalkingHorse.com. The entry office will be open Wed-Sat from 9am-1pm and 3pm-6pm.
RETIREMENT CEREMONY
As the final show of the year, the United Fall Finale would be honored to host the retirement ceremony for one of our industry’s iconic horses. The ceremony would be held on Friday night, November 17, 2023 and the owner would be responsible for hosting a retirement party following the show. Anyone interested in retiring their horse at the show this year should contact Mark Farrar by October 20, 2023 at mfarrar@twhbea.com.
STAY IN THE LOOP
Stay up-to-date with plans for this year’s United Fall Finale. To receive text updates about the show, text UNITED to 888-407-3412. You can also click here to sign up for email alerts.
Celebration selects Fall Classic judges
Celebration selects Fall Classic judges Wednesday, September 27, 2023
The Tennessee Walking Horse National Celebration has selected Scotty Brooks, Jamie Lawrence and Chad Williams to judge the Celebration Fall Classic. The Fall Classic will be held November 2-4, 2023 inside Cooper Steel Arena.
Brooks will be making his first Fall Classic appearance but has judged The Celebration’s Spring Fun Show in 2006, 2010 and 2017 and judged the Tennessee Walking Horse National Celebration in 2017. Brooks has judged the Money Tree and Alabama Jubilee earlier this year.
Lawrence will be marking the cards for the first time at a Celebration event. He too judged a major fourth of July show at the Woodbury Lions Club. Lawrence also judged the FAST Spring Showcase earlier this year.
Williams will also be making his first Celebration appearance. Williams most recently judged the Columbia Spring Jubilee in June of this year. Williams judged the Walking For Cancer and Classic in Belfast in 2022.
“We are excited to have these three gentlemen judge our Fall Classic. We continue to want to use additional judges that have not previously judged for us and we also like to make sure we extend our reach so we were excited to be able to have judges that represent Alabama (Lawrence), Tennessee (Williams) and Kentucky (Brooks), said Celebration CEO Warren Wells.
Again, for the 2023 Fall Classic, the Celebration will construct a show ring within the Cooper Steel Arena to allow for ringside tables. These tables are a much-loved aspect of the Fall Classic and provide a close-up look at the action.
The tables will cost $1,500, come with eight seats, eight meal tickets per night, and this year will include an open bar. The tables also qualify for bronze-level sponsorship of the Fall Classic and parking passes.
The show will be a triple-point Riders’ Cup show and culminate with the Andy Adkins Memorial Youth Championship on Saturday night, which has been the tradition for the Fall Show. Again, this year the class sheet features the Debut classes for two-year-olds that have not shown in 2023, and the Celebration will again have one class for Mares and Geldings and one for Stallions. The prize money for the winner of both classes is $3,000 this year. Sponsorship remains available for both classes.
For more information about the 2023 Celebration Fall Classic visit www.TWHNC.com or call the Celebration office at 931-684-5915.
John Puckett to replace Newton Parks at North Carolina Championship
Puckett to replace Parks at North Carolina Championship Monday, October 2, 2023
The North Carolina Championship is scheduled for October 5-7, at the Western North Carolina Ag Center in Fletcher, North Carolina. Brent Grider, Newton Parks and Amy Trimble were the original slate of judges. Due to recently being diagnosed with covid, Newton Parks is no longer able to judge the show and Johnny Puckett will now take Parks’ place on the panel.
Celebration seeks extension of comment period
Celebration seeks extension of comment period
Tuesday, September 5, 2023
The Tennessee Walking Horse National Celebration sent a letter seeking a 60-day extension to the comment period on the USDA’s proposed rule published at 88 FR 56924. The letter, sent from Patrick F. Philbin, counsel for The Celebration, points out two major reasons the extension should be granted.
The first highlights the enormous impact the rule would have and how many horses would be affected by the elimination of pads and action devices. This rule would effectively eliminate the entire performance division of horses.
In addition, the letter points out that the USDA published the proposed rule seeking comment just days before the 85th Annual Celebration. The Celebration, and its SHOW HIO, has limited resources to devote to comment on the rule and those resources will be dedicated to The Celebration and the ensuing required reporting by USDA until mid-September. This timeline would exhaust half the comment period and only leave 30 days for The Celebration to comment.
The data collected by the SHOW HIO will be critical in the response and it will take time for that data over the last six years to be accumulated and analyzed to help support the comment from The Celebration. In addition, data from this year’s Celebration will also be critical as the rule eliminates all HIOs and changes the inspection process.
The USDA has not yet replied to The Celebration’s request seeking additional time. The original comment period will end on October 21, 2023 if no extension is granted
SHOW-HIO RULES TEST-40 QUESTIONS
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Created on August 27, 2023 By WalkingHorseChat Staff
SHOW HIO RULEBOOK TEST
SHOW-HIO RULES TEST-40 QUESTIONS
1 / 40
Category:SHOW HIO RULES
"Amateur/Amateur" is a performance or pleasure class with any age horse or amateur rider (if amateur is a juvenile, juvenile rider must be "?" years of age or older).
2 / 40
Category:SHOW HIO JUDGES RULES
All SHOW HIO judges must maintain a current membership to either TWHBEA, WHTA, and whom?
3 / 40
Category:SHOW HIO RULES
Lead or other weights can be attached to the shoe of a performance horse in what position?
4 / 40
Category:SHOW HIO RULES
A Local Class is one in which entrance is restricted by show management to horses owned by residents of a specified locale and which is so described in the prize list.
5 / 40
Category:SHOW HIO JUDGES RULES
A total of (?) minutes in aggregate shall be allowed for each entry for authorized time outs, but no more than two time outs per class.
6 / 40
Category:SHOW HIO RULES
Any change in color of markings other than mane, tail, white socks or hoof is prohibited.
7 / 40
Category:SHOW HIO RULES
Pads or other devices on yearling horses (horses up to two (2) years old) that elevate or change the angle of such horses' hooves in excess of "?" at the heel are not permitted.
8 / 40
Category:SHOW HIO RULES
In a Western Plantation Pleasure class, once the entry has reached the end of the first straightaway, they may continue to dog walk on around the other side of ring at their discretion but the entry cannot go past the entry gate until the class is called to order. An entry can stop just inside the entrance gate and turn left and flat walk to the other side of the entrance gate but cannot stop before reaching the end of the first straightaway.
9 / 40
Category:SHOW HIO RULES
Whips of (measuring?) or less are allowed in any class where English attire and equipment are used.
10 / 40
Category:SHOW HIO RULES
Communication devices may be used in all classes, except Equitation.
11 / 40
Category:SHOW HIO RULES
Any individual member(s), acting on behalf of a "Member Organization" who directly contacts the judge for the purpose of employing said judge for that show shall not show or have their horses shown before that judge in that show for which the judge was employed.
12 / 40
Category:SHOW HIO RULES
An entry shall be deemed to have qualified for a Championship Class, if in an appropriate qualify class;
is excused by a Judges after or during the initial lineup without request by the exhibitor to be excused.
13 / 40
Category:SHOW HIO JUDGES RULES
If the Judge finds the reason for a time out not valid, he/she must order the entry where?
14 / 40
Category:SHOW HIO RULES
Shoeing Requirements for Western Plantation
(i.) Maximum ½" thick x ¾" Wide Open to any steel. (both front and hind feet) Toungsten is allowed on caulks of shoe, but the thickness of the shoe, caulk or barium must not exceed 1 1/8"
15 / 40
Category:SHOW HIO RULES
Acrylic can be used to repair and mend a foot where the shoe has been thrown and the foot has been damaged. Acrylic or any other material can also be used for the purpose of extending the length of the natural hoof in any manner on both feet.
16 / 40
Category:SHOW HIO JUDGES RULES
All Judges can not arrive on the show grounds until "?" prior to the start of the show time listed on the officiaI class list.
17 / 40
Category:SHOW HIO RULES
Country Pleasure classes may be both specialty or canter classes but to have a Country Pleasure canter class at a show, a specialty class must also be offered. This same rule applies to an Open Country Pleasure class. For a show to offer an Open Country Pleasure class, an Amateur Country Pleasure class must also be offered.
18 / 40
Category:SHOW HIO RULES
Youth Exhibitor for horse show purposes, a youth exhibitor is an individual who, on (which day) of the show year, has not yet reached his/her (?) birthday.
19 / 40
Category:SHOW HIO RULES
Young Trainers Class is a performance class for all Professional Trainers under what age?
20 / 40
Category:SHOW HIO RULES
Shoeing Requirements for English Park Pleasure are the following EXCEPT!
21 / 40
Category:SHOW HIO RULES
Changing Divisions. There are three divisions, 1.) Flat shod, 2.) Park Performance and Show Pleasure, 3.) Performance. Within a calendar year, a horse may change from one division to a new division two times, and may not change back to the previous division, unless there is a bona-fide and recorded change of ownership, and trainer.
22 / 40
Category:SHOW HIO RULES
In order for the DQP to inspect horses, all class entry sheets must contain the following information EXCEPT?
23 / 40
Category:SHOW HIO JUDGES RULES
Any judge may request a workout in any class by communicating through what show offical?
24 / 40
Category:SHOW HIO RULES
Veterinary Advisory Committee (VAC) Drug and Medication Rules and Guidelines will apply to all entries. SHOW reserves the right to obtain appropriate samples from any entry at any time on a random or standard basis whether pre or post show.
25 / 40
Category:SHOW HIO JUDGES RULES
A Judge can not judge a horse that has been boarded, owned, trained or shown by the Judge or the Judge's immediate family, regardless of remuneration, within a period of (?} days prior to the show.
26 / 40
Category:SHOW HIO RULES
Bonified TWHBEA filed leases are acceptable as a transfer of ownership for the purpose of showing, but must be filed, and dated within 90 days after the horse being shown by said party
27 / 40
Category:SHOW HIO RULES
An Owner/Exhibitor/Trainer shall NOT exhibit/show any horse where either the Judge, exhibitor or owner (including immediate family of all parties) has remunerated the other person for the leasing, boarding, riding, showing, training, consulting, schooling, assisting or tutoring of any horse within a period of thirty (30) days prior to the show. Stud fees and associatedmare care are included in this rule*
28 / 40
Category:SHOW HIO JUDGES RULES
Disqualification Cards (DQ Cards) must be filled out by the Judge when excusing an entry from the class for the following reasons EXCEPT?
29 / 40
Category:SHOW HIO JUDGES RULES
Other than an exhibitor's back number, what equipment shall be handed to an exhibitor across the rail once the entry enters the show ring?
30 / 40
Category:SHOW HIO RULES
Strapping or taping youth exhibitors' shoes to their stirrups is strictly prohibited in these youth classes, unless required by a licensed trainer, and written approval of the parent.
31 / 40
Category:SHOW HIO RULES
No one shall approach a judge with regard to a decision unless he/she first obtains permission from whom?
32 / 40
Category:SHOW HIO RULES
Horse eligibility for Academy horses is as follows. Select the most correct answer.
33 / 40
Category:SHOW HIO JUDGES RULES
To apply for a SHOW judge's license, the applicant must be "?" years of age at the time of application.
34 / 40
Category:SHOW HIO RULES
Metal hoof bands, such as used to anchor or strengthen pads and shoes are permitted, so long as they are placed at least (measurement?)below the coronet band.
35 / 40
Category:SHOW HIO RULES
For horse show purposes, the term "immediate family" shall Include the following: husband, wife, parent, girl/boyfriend, stepparent, child, stepchild, brother, sister, half brother, and half sister, domestic partner, stepbrother, and stepsister, in-laws of the same relations stated herein, grandparents, and grandchildren.
36 / 40
Category:SHOW HIO RULES
SHOW Versatility Rules will follow the most current TWHBEA Versatility Rulebook with the exception that horses three years of age or younger must be ridden with two hands provided that a snaffle bit or basal is being used.
37 / 40
Category:SHOW HIO RULES
Any member of a professional's family who has reached his/her 21th birthday is a professional if he/she aids or assists in the activities which make the aforesaid a professional.
38 / 40
Category:SHOW HIO JUDGES RULES
Time outs may be granted by the Judge for replacement of shoes, replacement of broken equipment, or for what other reason?
39 / 40
Category:SHOW HIO RULES
All foreign substances are prohibited on the pastern area (above the hoof, but below the fetlock) of any horse being shown, exhibited, or offered for sale at horse show, exhibition, or horse sale or auction, except what?
40 / 40
Category:SHOW HIO RULES
Farrier/Groom class is a performance class for any farrier or persons qualifying as a groom. A person exhibiting in this class can hold a professional license.
Here is a chance to learn and know what the SHOW-HIO expects when you are in inspection pertaining to the Horse Protection Act.
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LISTEN TO: SHOW RULEBOOK-JUDGES SECTION-AUDIO
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North Carolina Championship selects judges Monday, August 21, 2023
The North Carolina Championship Walking Horse Show, scheduled for Oct. 5-7, has selected Brent Grider, Newton Parks and Amy Trimble to mark the cards for this year’s event. The show will be held at the WNC Ag Center in Fletcher, North Carolina.
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WalkingHorseChat Staff
SIRED BY: JOSE JOSE