Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Monday, October 27, 2014

British Non-Farrier Found Guilty of Over-Trimming, Gluing Hoof Boots; Charged as Animal Welfare Act Violations



The following information is being printed verbatim, except where noted in italics and where spelling has been Americanized. This is a document created by the Farriers Registration Council in the United Kingdom. Hoofcare Publishing requested a copy of this document today and was kindly sent this for publication.

On 2 October 2014, Mr Ben Street of Hixon, Stafford (England) was found guilty at Stafford Magistrates’ Court of causing unnecessary suffering to a horse, and failing to take reasonable steps to ensure good practice in protecting a horse from pain, suffering, and/or disease by gluing and sealing hoof boots.

Sunday, September 30, 2012

History: 1960s Racetrack Horseshoers Union Court Case May Have Inspired Propaganda Film



This video was a film buried in the Library of Congress and unearthed just this week.

How much has shoeing racehorses changed since 1960? Not much, but this film makes some good points about the role of horseshoers in a horse's life.

The International Union of Journeyman Horseshoers was part of the AFL-CIO until 2004; the IUJH is one of the oldest unions in the world. It was formed in 1873 and claims to be the oldest union retaining its original charter.

There is probably much more to this little film than meets the eye. It may even be what you call a "propaganda film", if you know anything about labor history in the United States and the pressure that was on unions in the 1960s.

No documentation is on this film footage as to the exact date of publication. It is labeled 1960, but that may be an approximate date. Maybe someone can date it by the models of the cars.

When this film was made, the union might have been under pressure to define the profession of farriery as a specialization, and to stress the importance of the union in keeping standard high within the trade. While the IUJH started out as representing the interests of the employee, or "journeymen", farriers against the Master Horseshoers Association whose members employed them, it survived at the racetrack in the second half of the 20th century and still exists today.

About the time this film was made, a controversy arose when three Canadian owners and trainers, while in Canada, used a nonunion farrier to shoe horses. To quote a summary of the case: "When they brought their horses to a racing meet at Bowie, Maryland, the International Union (of Journeyman Horseshoers) required its Local No. 7 to refuse service to the Canadians unless they would sign an agreement to use only union members, both in the United States and Canada...

"The other aspect of the case affecting all of the plaintiff owners and trainers sprang from the local union's setting of a minimum charge at Bowie of $16 for the shoeing of each race horse. The local enforced this policy by threatening to discipline or expel any union member who charged less than this minimum price."

Thus began an historic court case that came as close as the United States has ever come to defining the work relationship under which a horseshoer earns a living. The racehorse owner sued both the IUJH and the shoers themselves, and charged that they were acting in violation of the Sherman Act, that most famous of labor relations legislations that you haven't thought about since an American history class back in high school or college.

It all came down to a few questions: are farriers employees or independent contractors? And do they sell only their service or are they actually selling shoes, since they can, in theory, be considered "manufacturers" if they make their own shoes, in the eyes of the law. So were the unions actually a trust protecting a group of manufacturers? On which side of anti-trust laws did they truly fall?

The Sherman Act ("The Anti-Trust Law") had one of its most unusual tests right there in the blacksmith shops of Maryland racetracks. The horseshoers didn't strike, they kept on shoeing. They just didn't shoe for that one owner because he wouldn't agree to their terms.

Did this film just happen to be made in Maryland or was it intentionally made there, perhaps even to be shown in court, and to illustrate exactly what the horseshoer does and how important s/he is to the functioning of the racetrack? Was it made to gain the support of other unions and politicians who might be sympathetic to the horseshoers' union?

It appears to have been made to be shown on television or perhaps in movie theaters as a short feature, since the credits at the end mention that it is part of a series that will continue "next week".

There is probably no one left alive who can tell us, but finding this video was like finding another clue in that tumultuous time in American labor history and especially in the history and tradition of horseshoeing.

The horseshoers' unions operated under, or around, the terms of the Sherman Act, Taft-Hartley and the Clayton Act. Horseshoers didn't write the laws, but they tested them more than once and will always hold special footnotes in American labor and legal history in remembrance of cases like the Maryland one, which had the courts learning about the difference between machine-made and manufactured shoes, and what that meant--or might mean--under the law.

No matter how you look at the records, it seems that the horseshoers were able to use to their advantage their unique status as a small, necessary, but ill-defined and undocumented trade that defied being classified. To some extent, that same fuzzy focus survives today and, depending on who is doing the talking, either serves or paralyzes the advancement of the profession.

You can watch this film as a simple educational film or you can watch it as a classic example of labor propaganda.  It's up to you but this is another example of the depth of history surrounding the farrier profession.

However, like so many other things, that history has not yet been written about from the point of view of the shoers and it is equally unclear whether this court case was a victory for the horseshoers' union, or a defeat.

The real issue--whether the shoers were breaking the law by refusing to shoe one owner's horses--was lost in the shuffle and the case is referenced forevermore in legal history annals because it is so hard to define what horseshoers do, not how they do it or for whom.
 

To learn more:

IJHU current web site and history

Labor Law: Union Not Exempt from Suit for Sherman Act Violation If Its Members Are Independent Contractors and No Employer-Employee Relationship Exists
in Virginia Law Review, May 1966

Horseshoers Union May Be Tiny, But Members Stand Proud from the Chicago Tribune in 1987

© 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.

Tuesday, September 18, 2012

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
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.

Saturday, January 17, 2009

New York Court Rules That Racetrack Horse Dentists Need Not Be Veterinarians

by Fran Jurga | 17 January 2009 | Fran Jurga's Hoof Blog

UPDATE: Click here for a new link to new information on this story, thanks to a more in-depth article in Sunday's Saratogian newspaper by Paul Post.

The Daily Racing Form reported this morning that an appellate court in New York has upheld a 2007 ruling by the Nassau County Supreme Court that horse dentists should be considered providers of routine care of horses similar to blacksmith and groom duties and that a veterinary license should not be required.

Click here to read the brief announcement in the Daily Racing Form, as provided by the New York Thoroughbred Horsemen's Association.

The lawsuit lists the state wagering board as the plaintiff; the Board had appealed the earlier Supreme Court decision, which stemmed from the banning of a dentist from a racetrack.

Presumably, this decision applies to the the state board's jurisdiction at racetracks. It's not clear if this decision affects how the state's veterinary medicine practice act might be interpreted off the premises of the state's racetracks.


© Fran Jurga and Hoofcare Publishing. No use without permission. You only need to ask.

Fran Jurga's Hoof Blog is a between-issues news service for subscribers to Hoofcare and Lameness Journal. 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.

Monday, July 14, 2008

Strasser Trimmer's Conviction on Cruelty Charges in England Loosened on Appeal

Joanne Kowalski (left) with Hiltrud Strasser DVM outside a British courthouse during Ms. Kowalski's first trial for cruelty by means of radically trimming the hooves of a foundered pony. An appeals court lessened charges against the trimmer.

Amazing news from England today. A hoof trimmer who worked on a foundered pony following instructions from German veterinarian Hiltrud Strasser has had her conviction and sentence softened considerably.

Josephine Kowalski had been convicted of cruelty and of intentionally not seeking veterinary care that might have spared the pony some pain. She had been charged with 100 hours of community service and 10,000 pounds (about $20,000) in restitution.

Kowalski appealed and, after serving 30 hours of community service, was cleared of charges in a British appeals court, although she still appears to have been reprimanded for not seeking a veterinarian to medicate the pony.

This story is painful to read, but if you would like to, here's a link to the British newspaper.

Thursday, September 07, 2006

Convicted Strasser Trimmer Announces Appeal After Conviction in England; Farriers Registration Council Appalled

Mary Jo Kowalski (left) and Dr. Hiltrud Strasser (right) at a hearing in England.


Snippets from an article in today's Horse and Hound:

A Suffolk (Great Britain) woman, convicted on cruelty charges linked to the “mutilation” of her pony's feet by “dogmatic adherence” to the Strasser barefoot method, has launched an appeal.

Mary Jo Kowalski was banned last week (30 August) from keeping equines for one year, sentenced to 100 hours community service and ordered to pay £10,000 towards costs. As welfare groups expressed disappointment at the leniency of the sentence, Mrs. Kowalski lodged an appeal before Ipswich Magistrates Court.

The conviction against the student of the Strasser method, who was in e-mail contact with its German founder Dr Hiltrud Strasser marks the second case of its kind this year. Dr Strasser was called as a trial witness.

Both prosecutions involved the Strasser technique, casting grave concern on the unregulated practice of radical trimming.

Britain's Farriers Registration Council (FRC) secretary Miles Williamson-Noble said the question of throwing a national safety net over the practice of trimming, which falls outside the Farriers (Registration) Act 1975, was under discussion with the National Equine Welfare Council and British Equine Veterinary Association. These talks could lead to voluntary regulation, a national code of practice and accredited training. Mr Williamson-Noble said radical trimming caused most concern as it was often done to treat conditions such as laminitis, as was the case in the two convictions.

In the first case, Warwickshire yard (boarding stable) owner Fiona Dean, 43, was fined £1,500 and ordered to pay another £1,500 in costs, for causing unnecessary suffering to a horse in her care by using the Strasser method.

“Anyone who takes a sound horse and trims its feet until it is in extreme pain is not concerned with that horse's welfare,” said Mr Williamson-Noble.

Evidence from Mrs Kowalski's trial suggested she had become “mesmerised” by the teachings of Dr Strasser. The prosecution was mounted after the RSPCA seized her pony Brambles in July 2004. The mare was found with “mutilated hooves”, walking with crossed legs, and barely able to move. She had to be put down. According to the RSPCA, Brambles was suffering from chronic laminitis affecting both front feet, but instead of calling a vet, Mrs Kowalski rasped and trimmed the pony's hooves to the point of “mutilation”.

Dr Strasser testified that, based on photographs, there was nothing to show trimming was excessive and that, merely, Brambles's hooves had “a good trim”. She said a sick pony required fresh air, not painkillers.

To learn more: http://www.horseandhound.co.uk and http://www.ilph.org.uk

Photo courtesy of International League for the Protection of Horses; Convicted trimmer Kowalski (left) and Hiltrud Strasser DVM, right at British court. This story was slightly edited for style and length considerations.