Farm Bill amendment revives drive for Horse Protection Act revisions; Walking horse pad stacks, action devices would be outlawed by 2020

If an amendment to the Farm Bill in the US House of Representatives survives a Rules Committee review this week, the horse industry in the United States could see a much-anticipated end to Walking horse show shoeing practices connected to the illegal practice of “soring”.

USDA Invites Tennessee Walking Horse Owners, Trainers to Horseshoeing Clinic Aimed to Improve Horse Protection Act Compliance

This public announcement is provided by the US Department of Agriculture.

On February 3, 2018, USDA Animal Care and the S.H.O.W. horse industry organization will hold a shoeing clinic for trainers, exhibitors and owners who participate in events regulated under the Horse Protection Act to help these individuals better understand and follow the federal regulations.

Researchers: Tennessee Walking Horse Shoeing and Chains Caused No Pain, Stress or Inflammation in University of Tennessee Study

When efforts to increase Horse Protection Act restrictions on how Tennessee Walking horses are shod failed at the end of 2016, the shows went on, under the pre-existing rules, throughout 2017. Walking horse inspections by USDA and industry groups continued, but there were few new headlines. But the year ended with announcement of new research results on hoof pad stacks and pastern chains, conducted at the University of Tennessee Knoxville's College of Veterinary Medicine. The paper will be in the January 2018 edition of the American Journal of Veterinary Research, published by the American Veterinary Medical Association.  The horse in this photo wears pad stacks and chains on its front feet, as currently allowed under the Horse Protection Act, and is not one of the horses in the study. (Marty Barr photo)

Eight veterinarians and animal science researchers at the University of Tennessee Knoxville have collaborated on a study testing the effects of hoof pad stacks and chains on a group of Tennessee Walking horses. In what would literally be the closing hours of the 2017 calendar year, the American Journal of Veterinary Research (AJVR) posted the new research paper online.

USDA's new Horse Protection Act rules withdrawn from federal enactment.

A Tennessee Walking horse wearing stacked pads and bands. This horse was shod for demonstration purposes at a vet-farrier education event. The pads and shoe bands would have been banned under the unpublished rule announced last week. (Fran Jurga photo)

The Hoof Blog is issuing an unexpected post script to a widely circulated story published here on January 13, announcing that the US Department of Agriculture (USDA) was publishing its Executive Action rule changes to the Horse Protection Act with the Federal Register.

The article described the action as an 11th-hour "Hail Mary Pass" to stop Tennessee Walking horse soring abuse before the Obama administration's USDA appointees left office, to be replaced by Trump appointees.

And it almost worked.

Hail Mary: USDA proceeds with last-ditch effort to end soring by imposing bans on Walking horse pads, action devices

It's fourth down at the end of the fourth quarter. The clock is counting down. Do you punt or pass? The game's at stake. It's time to pull off a play they'll never forget. It's time to throw that Hail Mary pass. 

In the waning hours of President Obama’s administration’s days in Washington, his out-bound US Department of Agriculture says they are ready to drop a bombshell in the middle of the horse world.

The bombshell may well devastate a sector of the show horse industry, but there will be cheers, as well. It just depends which side you're on, and if you're willing to take the time to read the fine print.

American Horse Council Statement on Nonspecific Language in USDA Horse Protection Act Amendment

For the past few months, the US Department of Agriculture has been hosting "listening sessions" around the country and gathering input about a proposed amendment to the American Horse Protection Act, which bans the "soring" abuse techniques used on some Tennessee Walking horses to gain an advantage in the show ring in some classes, particularly where the horse is asked to do the famous "big lick" walking gait. 

Among the features of this amendment is complete outlawing of pads, action devices such as pastern chains, and weighted shoes.

Silent Anvil: Elvis's Horseshoer Has Left the Building, But Not Our Lives

Mississippi/Tennessee horseshoer Lim Couch died this week. He was Elvis's horseshoer and a longtime officer of the American Farrier's Association. "Give me an Elvis look," I remember saying when I took this photo. And he obliged.

Lots of horseshoers have famous clients. Some like to brag about them. Some keep quiet about them. And some keep them very close to their hearts and, if you ask, will share their memories. When that happens, it's special.

That's how it was with Lim Couch. Lim died on Saturday at the age of 75. Most people in the farrier industry know him as a past president of the American Farrier's Association, a quiet and dignified southern gentlemen who probably served more time and in more capacities to that organization than almost anyone.

Tennessee Congresswoman Blackburn Files Alternative Legislation in Congress to Amend Horse Protection Act, Inspect Walking Horses at Shows

Tennessee Walking horses enjoy great popularity at shows in the mid-Southern United States, where they have become famous for showcasing the "Big Lick" gait. The horse's natural talent and action are exaggerated by heavy pad stacks and pastern chains. The American Horse Protection Act was passed to outlaw the cruel practice of "soring" or deliberately causing pain to the hooves and pasterns to accentuate the gait. Critics feel that only a total ban on pads and chains will stop the cruelty.

The Hoof Blog has learned that Tennessee Congresswoman Marsha Blackburn (R) has filed House Bill 4098 in the US House of Representatives; the legislation aims to reform the jurisdiction over and inspection of the way that Tennessee Walking horses are shod for show. This new legislation is an alternative to much stricter legislation already before Congress, known as the PAST Act, which was filed by Kentucky Representative Ed Whitfield in April 2013.

Congressional Hearing on Walking Horse Soring LIVESTREAM (Archived Video for Replay)

Please watch this taped archive of today's Congressional hearing on the PAST Act to amend the Horse Protection Act. You should read yesterday's Hoof Blog article on this hearing, and the commentary below.

Horseshoes in Congress: Whitfield-Cohen Letter Clarifies "Weighted Shoe" Under Proposed PAST Act; House Hearing on Soring Legislation Wednesday

What and when: November 13, 2013 10 a.m. — United States Congress, House Committee on Energy and Commerce: Subcommittee on Commerce, Manufacturing, and Trade hearing on the PAST Act to End Soring

Will the PAST Act finally bring an end to Walking horse stacks, pressure shoeing and pastern soring? A Congressional hearing on Wednesday will hear both sides of the argument. (Photo courtesy of Sarah Barnett and HSUS Facebook page) 

The United States Congress will be talking horseshoes tomorrow at 10 a.m. Chances are, there won't be a farrier in the House (of Representatives) but this is a hearing whose time has come.

Federal Court Rules Against Lawsuit: USDA's Tennessee Walking Horse Anti-Soring Regulations Are Not Unlawful

A U.S. District Court in Texas upheld federal regulations to prevent the practice of “soring,” in which trainers abuse horses to force them to perform an unnatural high-stepping gait for competitions. The U.S. Department of Agriculture regulations, which were adopted following a 2010 legal petition filed by The Humane Society of the United States (HSUS), require that USDA-certified horse industry organizations impose uniform mandatory minimum penalties for violations of the Horse Protection Act.

Jackie McConnell Sentence: Probation and Fine for Tennessee Walking Horse Soring Abuse Captured on Undercover Video

Jackie McConnell was not allowed on the grounds of the 2012 Tennessee Walking Horse National Celebration earlier this month. This horse, Walk Time Charlie from North Carolina, was the judge's pick for World Champion. If some lawmakers have their way, he may be the last world champion to be shod this way. (Randall R. Saxton photo)

By now, everyone knows who Jackie McConnell is.

McConnell was videotaped beating a Tennessee Walking horse on an undercover video. The video portrayed McConnell as a vicious horse trainer who demonstrated many of the heinous crimes against horses that had been at the center of rumors about the treatment of Walking horses for decades.

The American public saw it for themselves when the video was shown by ABC News last spring.

A federal court in Tennessee found McConnell guilty of violating the Horse Protection Act and the trainer appeared in court today for sentencing.

While the judge could have sentenced the former trainer to five years in prison, he instead sentenced McConnell to three years' probation and a fine of $75,000. According to the Chattanoogan newspaper, the court gave McConnell nine months to raise the money to pay the fine and his horse trailer, seized during the investigation, will not be returned.

The Chattanooga Times Free Press reports that McConnell cried as he read a statement saying that he takes responsibility for what he did. His two associates--including horseshoer Joe Abernathy--received probation terms of one year each.

Abernathy claimed that he was not involved in soring horses but was transporting horses for McConnell. He told the Chattanoogan, "I do feel remorse and this will make me a better person in the end."

The three pleaded guilty in May to conspiring to violate the Horse Protection Act. According to the Walking Horse Report, McConnell pled guilty to one count of conspiracy to violate the Horse Protection Act. All other charges in the original 52-count indictment were dropped under the plea agreement.

Keith Dane, director of equine protection for The Humane Society of the United States, issued the following statement after the sentencing:

“Like many others in the Tennessee walking horse industry, Jackie McConnell has a long history of abusing horses for the sake of a blue ribbon and the profits that go along with it. He and his associates were caught on tape using painful chemicals on horses’ legs, and whipping, kicking and shocking them in the face—all to force them to perform the unnatural 'Big Lick' gait in competitions.

"The Humane Society of the United States is grateful that the U.S. Attorney took on this important case and sent a message that soring will not be tolerated. It was our hope that McConnell would do prison time for these terrible crimes, but there are gaps in the federal law that need to be strengthened.”

According to HSUS, McConnell and two others are also scheduled to appear in court later this month to face 31 counts of violating Tennessee’s state animal cruelty statute.

Public outrage over the McConnell video has led to renewed activism by lawmakers to strengthen the federal Horse Protection Act; the state of Tennessee has also expanded its animal welfare laws to include soring as a criminal act.

On the federal level, H.R. 6388, the Horse Protection Act Amendments of 2012, co-sponsored by Reps. Ed Whitfield, R-Ky., and Steve Cohen, D-Tenn., Jan Schakowsky, D-Ill., and Jim Moran, D-Va., has been introduced to Congress with the aim of ending the failed system of industry self-policing, ban the use of certain devices associated with soring, strengthen penalties, and hold accountable all those involved in this cruel practice.

Thanks for great reporting to the Humane Society of the United States, The Walking Horse Report, The Tennessean, The Chattanoogan, and the Chattanooga Times Free Press from Tennessee today.

© Fran Jurga and Hoofcare Publishing; Fran Jurga's Hoof Blog is a between-issues news service for subscribers to Hoofcare and Lameness Journal. Please, no use without permission. You only need to ask. This blog may be read online at the blog page, checked via RSS feed, or received via a digest-type email (requires signup in box at top right of blog page). To subscribe to Hoofcare and Lameness (the journal), please visit the main site, www.hoofcare.com, where many educational products and media related to equine lameness and hoof science can be found. Questions or problems with this blog? Send email to blog@hoofcare.com.  

Follow Hoofcare + Lameness on Twitter: @HoofcareJournal

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Disclosure of Material Connection: I have not received any direct compensation for writing this post. I have no material connection to the brands, products, or services that I have mentioned, other than Hoofcare Publishing. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.

Rood and Riddle Equine Hospital's Dr. Scott Hopper: Voices from the Tennessee Walking Horse National Celebration

Video courtesy of NewsChannel 5;
Background: The Tennessee Walking Horse National Celebration is going on this week in Shelbyville, Tennessee. US Department of Agriculture veterinarians are on hand to inspect horses for evidence of "soring", the illegal practice of artificially enhancing a horse's gait. Also on hand are representatives of local organizations who are conducting their own inspections to see if they agree with the USDA results.

Dr. Stephen Mullins, president of the local inspection group SHOW, says that USDA inspectors issued five times as many citations in the first six days of this year’s Celebration as in all 11 days of last year’s, according to the Nashville newspaper, The Tennessean.

This week, a press conference was held to publicly inspect two of the horses rejected by the USDA. This is shown in the video.
On August 30, the Walking Horse Report conducted an interview with Scott Hopper, DVM, MS, Dipl. ACVS from Rood + Riddle Equine Hospital in Lexington, Kentucky. The Walking Horse Report has kindly agreed to allow the interview to be printed on The Hoof Blog.

Dr. Hopper was at The Celebration on the first Thursday through Sunday nights of the Celebration and will be in attendance all three championship nights.

Dr Hopper of Rood and Riddle
Equine Hospital, Lexington, KY

Dr. Hopper is a graduate of the University Wisconsin – Madison School of Veterinary Medicine, holds a Masters degree from Washington State University, is a Diplomate of the American College of Veterinary Surgeons and currently works as a surgeon and partner at Rood and Riddle Equine Hospital, where he is head of the Rood & Riddle Stem Cell Lab.

Q - During your inspection of the horses after they were disqualified by USDA VMOs, did you find horses that should have been allowed to show?

A – I looked at approximately 30 horses the first four nights of the Celebration and yes many of these horses should have been allowed to show. The biggest area of concern I had was with the palpation of horses and those deemed sore by USDA VMOs. Approximately 70% of those cases, I disagreed with the VMOs and found nothing wrong with those horses. My initial exam was similar to those performed by the DQPs and VMOs and I could not elicit any response. I went one step further and performed a more aggressive deep palpation of the horse’s lower limb and again I could not elicit a response. These horses should have been allowed to show.

Q – In your opinion, is the scar rule being interpreted as the “Understanding the Scar Rule” pamphlet distributed as the training manual to VMOs and the industry HIOs?

A – No it is not. The scar rule is a very subjective rule and is not being applied consistently.

Q – On those horses disqualified for scar rule violations, would you in your professional opinion, deem those horses sore?

A – A scar rule violation could be called and the horse show zero signs of soring, nor would it necessarily mean this horse had been sored in the past.

Q – Given that to be a scar rule violation the horse must show bilateral (both feet) scarring, did you see horses called out that only had unilateral (one foot) tissue change?

A – Yes, many of the horses I looked at did not have any evidence of a scar rule violation in one foot and would be questionable on the second foot

Q – Of those horses that you inspected and those you saw enter inspection, in your opinion is soring required to participate?

A – I don’t believe that horses need to be sored to perform at a high level at the Celebration. Of the horses I examined I saw no signs of abuse. If any owner or trainer believes that this is still necessary then they should be banned from the profession, because there is no place for it anymore.

The Walking Horse National Celebration attracts thousands of spectators. Photo by Stephanie Graves.

Q – Would you be a proponent of more objective testing rather than the existing subjective inspections?

A – The industry needs to do everything it can to end soring. Yes, technology should be used to implement science-based, objective testing. The current inspections are very subjective, inconsistently applied and result in many unfair disqualifications. Sound horses are the only horses that should be allowed to show; but more importantly sound training methods should be the methods used in both the barns and at the show.

Q – Would you be willing to work with reformers in the industry to help restore the proud tradition of the Tennessee Walking Horse?

A – I have worked on many walking horses at Rood & Riddle, performing surgeries and lameness exams, and I know firsthand what a wonderful breed of horse the Tennessee Walking Horse is and can be. I have volunteered to serve in a capacity to help and would be willing to help with industry reformers that have a goal of ending soring and maintaining the welfare of the Tennessee Walking Horse.

Q – Is there a problem with soring in the Tennessee Walking Horse industry?

A – There are cheaters in every sport that think they can beat the system but I have no doubt that the inspections at The Celebration are doing everything they can to catch these individuals and put an end to soring. I did not see a problem with soring during my four nights inspecting horses at The Celebration.

Q – Who contacted you about inspecting horses at The Celebration?
A – Representatives from the Tennessee Walking Show Horse Organization contacted me through a mutual friend Dr. John Bennett. They asked me to come and examine horses to get my objective opinion on what I saw in horses that were disqualified from participation.

Q – Is it possible with improper palpation of horses to have movement indicative of soring when in fact the improper palpation is the reason for the movement of the horses foot?

A – It is definitely possible to make any horse move if that is the goal. Improper palpation techniques can be used to induce movement which does not mean that the horse is sore.

Q – Are those techniques being used in inspection?

A – I cannot speak to that directly as I am not directly involved during those initial inspections, however I would say several horses disqualified for sensitivity to palpation immediately came to me and I could not get the horses to show any sign of sensitivity to palpation, even when I aggressively palpated those horses. Palpating the limbs of lame horses is what I do for a living, if a horse was sore I would know it.

Original article appeared on the Walking Horse Report web site.

The Hoof Blog hopes to also have an interview with Dr. Tracy Turner, who is at the Celebration acting as a consultant to the USDA.

© Fran Jurga and Hoofcare Publishing; Fran Jurga's Hoof Blog is a between-issues news service for subscribers to Hoofcare and Lameness Journal. Please, no use without permission. You only need to ask. This blog may be read online at the blog page, checked via RSS feed, or received via a digest-type email (requires signup in box at top right of blog page). To subscribe to Hoofcare and Lameness (the journal), please visit the main site, www.hoofcare.com, where many educational products and media related to equine lameness and hoof science can be found. Questions or problems with this blog? Send email to blog@hoofcare.com.  

Follow Hoofcare + Lameness on Twitter: @HoofcareJournal

Read this blog's headlines on the Hoofcare + Lameness Facebook Page

 

Disclosure of Material Connection: I have not received any direct compensation for writing this post. I have no material connection to the brands, products, or services that I have mentioned, other than Hoofcare Publishing. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.

Walking Horse Celebration Official Statement

From the Walking Horse Celebration office:

Official Celebration News Release
Sunday, September 03, 2006

The decision to cancel the final class of the 2006 Tennessee Walking Horse National Celebration was based upon the best information available to show management from the inspection area and from law enforcement officials.


Tennessee Highway Patrol officers informed Celebration officials that they were confident they could protect the safety of the people working in the inspection area but did not have the manpower available to assure the health and safety of the 26,000 spectators, exhibitors and horses.

When show officials entered the warm-up area to check if the three entries eligible for the class were going to show, they were unable to reach the horses. They were almost immediately confronted by a crowd of approximately 150 people who demanded that all horses be allowed to show and were told that the three entries eligible to show would not be going into the ring.

As the crowd continued to build, law enforcement officers escorted the show officials from the warm-up area and took them to the Celebration Administrative offices and the announcement was made that the class would not take place.

The Celebration deeply regrets having to cancel our World Grand Championship class for the first time in 68 years but we were unwilling to compromise the health and safety of our fans, horses, personnel and exhibitors.

We extend our deepest sympathy to all of those affected by this difficult decision and thank you for your continued support of our show during this most challenging season for the entire industry.

Still More Trouble Afoot at Grand Finale of Tennessee Walking Horse Celebration: Finalists Fail Soring Inspection

One can only imagine the reaction of the crowd at the Walking Horse Celebration on Saturday night (September 2, 2006) when it was announced that there would be no grand champion class after ten days of showing.

The world's largest show for Tennessee Walking Horses had already been shut down for more than 28 hours the week before following a confrontation between USDA inspectors and trainers. The show had resumed, but the inspectors had the last call, so to speak, when inspectors rejected the majority of finalists for the grand championship on the grounds that they could not pass federally-mandated regulations defining how to identify a horse that has been made "sore" with chemicals or treatment to the pastern and/or pressure shoeing.

The three horses that did pass inspection were not shown. Whether this was voluntary or they were bribed is possibly a bigger concern right now than the condition of the horses themselves.

According to the Walking Horse Report newspaper, several trainers of horses that had been declared sore then went into a schooling arena and had a mock show for assembled fans.

One trainer said he took his horse directly back to the barn because he feared for his safety. Show ring officials had to be escorted by law enforcement, according to the WHR.

Reports from The Tennessean and Walking Horse Report were used to compile this summary. The New York Times even reported on this embarrassing event in the horse show world.