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  1. #1801
    Join Date
    May. 16, 2007
    Posts
    1,122

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    Not to interrupt this chain of thought but here is the latest. The hearing for next Monday has been cancelled. It appears it will be settled out of court.

    UNITED STATES DISTRICT COURT
    FOR THE NORTHERN DISTRICT OF TEXAS
    SHOW, INC.; CONTENDER FARMS, L.L.P.; AND MIKE McGARTLAND,
    Plaintiffs,
    v.
    UNITED STATES DEPARTMENT OF AGRICULTURE,
    Defendant.

    Civil Action No. 4:12-cv-429-Y
    The Honorable Terry R. Means
    JOINT STIPULATION TO CANCEL HEARING AND SET BRIEFING SCHEDULE

    Plaintiffs SHOW, Inc., Contender Farms, and Mike McGartland and Defendant United States Department of Agriculture, by and through their undersigned counsel, hereby stipulate to a cancellation of the consolidated hearing on Plaintiffs’ request for preliminary injunction and trial on the merits, currently set for July 16, 2012 at 10 a.m.

    The parties agree that the combined hearing and trial is unnecessary in this case and that final resolution should be reached based on cross-motions for judgment on the evidentiary record as determined by to the Court. However, the parties disagree about what evidence the Court can consider when reviewing an agency’s decision. Accordingly, the parties submit the following schedule for briefing what should
    constitute the evidentiary record before the Court and the merits of Plaintiffs’ claims:

    Plaintiffs will file their evidence with the court on July 16, 2012, per the court’s prior order, Case 4:12-cv-00429-Y Document 22 Filed 07/12/12 Page 1 of 3 PageID 641
    Defendant shall have until Tuesday, July 17, 2012 to submit all documents and things that they believe should be considered by the Court in this case.
    A party may file a motion seeking to exclude all or part of another party’s submission no later than August 7, 2012. The submitting party shall have twenty one days to respond to the motion.
    Once the Court has ruled on all outstanding motions concerning the scope of the record in this case, the parties shall submit a proposed briefing schedule for resolving the merits of Plaintiffs’ claims.


    Dated: July 12, 2012


    Respectfully submitted,
    STUART F. DELERY
    Acting Assistant Attorney General
    SARAH R. SALDAÑA
    United States Attorney
    JOHN R. GRIFFITHS
    Assistant Branch Director
    /s/ Nathan M. Swinton
    NATHAN M. SWINTON (NY Bar)
    JOSEPH W. MEAD (MI Bar)
    Trial Attorneys
    Federal Programs Branch
    U.S. Department of Justice, Civil Division
    20 Massachusetts Avenue, NW
    Telephone: (202) 305-7667
    Fax: (202) 616-8470
    Email: Nathan.M.Swinton@usdoj.gov
    Counsel for Defendant
    ____s/Karin Cagle_________________
    KARIN CAGLE
    Texas State Bar No. 24043588
    Kirkley & Berryman, L.L.P
    Case 4:12-cv-00429-Y Document 22 Filed 07/12/12 Page 2 of 3 PageID 642
    3
    100 N. Forest Park Blvd., Suite 220
    Fort Worth, Texas 76102
    E-mail:kcagle@kbblawyers.com
    Tel. 817.335.3311
    Fax: 817.335.3373
    DAVID BROILES
    Texas State Bar No. 03054500
    2400 Indian Cove
    Fort Worth, Texas 76108
    Email:davidbroiles@gmail.com
    Tel. 817-246-7801
    Attorneys for Plaintiffs
    Case 4:12-cv-00429-Y Document 22 Filed 07/12/12 Page 3 of 3 PageID 643



  2. #1802
    Join Date
    Aug. 25, 2007
    Posts
    7,871

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    Quote Originally Posted by Rbow View Post
    Are you saying we should join TWHBEA and work for change within the organization?

    I know the proposed changes to the by-laws (like you personally worked on) were back on the ballot in the 2006-2007 timeframe. That is what prompted me to stop renewing membership. I could not believe an organization that claimed to be against soring would even entertain entrusting their leadership to known violators.

    Things are a bit different this time. Social media creates a larger audience and more organization. Most significantly, in the past, nothing could be used to discredit the TWHBEA/"industry" claim that padded performance was not any more harmful to the animals than any other intense equine sport. The recent stand by the AVMA/AAEP gives us that.

    The undercover video is damning in showing the abuse but most significantly in revealing the history of McConnell with the many "industry" awards in the mix with the many HPA violations he and his associates hold. They can change the window dressing but no one is buying that the "industry" has seriously been trying to eradicate soring.

    Increased funding to the USDA to control this insignificant, perverse "sport" in light of the aggregate total spent to date to ineffectively control the problem, and the legitimate government programs currently being underfunded.....well, that's how we as horse people begin to lose our rights to use our horses any way we want. This is a prime example of where we as horse owners should police our own and work hard to eliminate the Big Lick.
    Pushing for increased TWHBEA membership in the peripheral areas (where soring and the BL are fairly rare) was part of the plan. The TWHBEA then altered the bylaws to dilute the voting power of the non-core states on the BofD.

    The TWHBEA is a private entity. "One man, one vote" does not necessarily apply. If a membership push that looked effective did emerge you'd see another change in the bylaws that would frustrate it. There are many legal ways to do that the the TWHBEA hires smart lawyers.

    So such a program might work over time, but you're looking at several years.

    The power to change the Association rests in the hands of its members. They didn't want to do it in 1998; or in your effort in 2007; nor do I see much interest today.

    G.
    Mangalarga Marchador: Uma Raça, Uma Paixão



  3. #1803
    Join Date
    Apr. 3, 2007
    Posts
    377

    Default

    than WHAT

    is the only way to stop this is by the courtroom.would it be wise to e-mail Nathan M.Swinton,let him know how some of us feel.give him the stats on these people.

    let him know that alot of TWH owners want HPA to have more teeth.
    What if He went to that hearing with a long list of e-mails or in hand e-mails.

    we have to keep donig things to set the SHELBYVILLE SLIME on its BUTT.

    stopping them would really speak LOUD to all TWH owners and to TWHBEA.



  4. #1804
    Join Date
    Dec. 30, 2006
    Posts
    1,209

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    Quote Originally Posted by WalkInTheWoods View Post
    ...

    Just for reference, here are the rules the USDA is being sued over in the case referenced (see post link above)

    USDA rules

    Dr. Rachel Cezar, the National Horse Proctection Coordinator for the USDA, outlined the protocol of the mandatory penalties for horse industry stakeholders last month: They are:

    * Bilateral sore: The horse would be dismissed from the remainder of the show. First offense, one year; Second offense, two years; Third offense, three years.

    * Unilateral sore: Dismissed from the remainder of the show. First offense, 60 days; Second offense, 120 days; Third offense, one year.

    * Scar rule: Dismissed from the remainder of the show. First offense, two weeks; Second offense, 60 days; Third offense, one year.

    * Foreign substance or equipment violation: Dismissed from the remainder of the show with two weeks suspension.

    * Suspension violation: six months

    All HIOs must have an appeal process with the appeal taking place within 60 days. The results of the hearing must be reported to USDA within 30 days of the ruling.

    Cezar explained that the penalty follows the manager, trainer, owner, rider, custodian or transporter whichever is applicable, but does not follow the horse or the show management.

    A clarification issued by the USDA in late June stated that those found in violation by an HIO are only suspended from participating in the events the HIO is affiliated with, and are not precluded from participating in shows affiliated with other HIO's.

    But HIOs and show managers can still choose to honor suspensions issued by other HIOs, and all HIOs and show managers are required under the Horse Protection Act to recognize USDA federal disqualification periods



  5. #1805
    Join Date
    Jul. 23, 2007
    Posts
    749

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    Quote Originally Posted by hurleycane View Post
    Just for reference, here are the rules the USDA is being sued over in the case referenced (see post link above)

    USDA rules

    Dr. Rachel Cezar, the National Horse Proctection Coordinator for the USDA, outlined the protocol of the mandatory penalties for horse industry stakeholders last month: They are:

    * Bilateral sore: The horse would be dismissed from the remainder of the show. First offense, one year; Second offense, two years; Third offense, three years.

    * Unilateral sore: Dismissed from the remainder of the show. First offense, 60 days; Second offense, 120 days; Third offense, one year.

    * Scar rule: Dismissed from the remainder of the show. First offense, two weeks; Second offense, 60 days; Third offense, one year.

    * Foreign substance or equipment violation: Dismissed from the remainder of the show with two weeks suspension.

    * Suspension violation: six months

    All HIOs must have an appeal process with the appeal taking place within 60 days. The results of the hearing must be reported to USDA within 30 days of the ruling.

    Cezar explained that the penalty follows the manager, trainer, owner, rider, custodian or transporter whichever is applicable, but does not follow the horse or the show management.

    A clarification issued by the USDA in late June stated that those found in violation by an HIO are only suspended from participating in the events the HIO is affiliated with, and are not precluded from participating in shows affiliated with other HIO's.

    But HIOs and show managers can still choose to honor suspensions issued by other HIOs, and all HIOs and show managers are required under the Horse Protection Act to recognize USDA federal disqualification periods
    Thanks for posting for clarification Hurley.



  6. #1806
    Join Date
    Apr. 3, 2007
    Posts
    377

    Default

    so what i'm getting here is the folks in SHOW Inc. don't want to play by the same rules as other HIO.

    or Mike McGartland has a violation that could/would keep him from showing at the celebration. his horse will not pass inspection.

    there is more to this,its not just MONEY.



  7. #1807
    Join Date
    May. 16, 2007
    Posts
    1,122

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    http://chattanoogan.com/2012/7/16/23...es-Mounts.aspx

    Roy Exum: The Rage Over Horses Mounts
    Monday, July 16, 2012 - by Roy Exum

    An eagerly-awaited showdown between the “dark side” of the Tennessee Walking Horse industry and the U.S. Department of Agriculture was scheduled to begin in far-away Texas today but the hearing has been cancelled, instead allowing both sides to file legal briefs in a process that will delay any gun slingin’ or – worse – not bring further reform to a shattered horse industry until September at the earliest.

    If you’ll check your calendar, the 74th Annual Tennessee Walking Horse National Celebration will be held Aug. 22 through Sept. 1 in Shelbyville and will slip nicely under the wire. And many hope it will be the last stand for the “Big Lick” people, as the criminals and cheaters have now been loosely labeled, because the once-noble Shelbyville show is being increasing scrutinized as what may be the most deplorable sporting event in America.

    For well over half a century a despicable few among the many thousands of owners, trainers and riders have bought their blue ribbons rather than earn them with their abused horses. They cheat by using caustic chemicals, nails, imbedded objects and other sadistic means to force the horses to pick up their agonized front feet higher in what is called the “Big Lick.”

    Shelbyville organizers swear there are only isolated cases but in a letter that appeared in the Nashville Tennessean last Thursday, Keith Dane, the director of equine protection for the Humane Society of the United States, wrote that is certainly not true. “There is ample evidence that soring is pervasive and not limited to ‘a few bad actors.’ “

    In 2011, the U.S. Department of Agriculture conducted random testing for the use of prohibited foreign substances on horses at various walking horse competitions, and a shocking 97.6 percent of horses tested positive,” Dane wrote.

    He also revealed, “Between 2010 and 2011, 100 percent of the top 20 trainers in the industry’s Riders Cup program were cited for (161) violations of the Horse Protection Act. What the horses, and the sport, need are strong regulations and unwavering enforcement, not a group of conflicted players claiming to be the right gang to clean up the industry.”

    There are encouraging signs that badly-needed reform is coming. Horse abuse is now punishable as a felony in Tennessee and five men have already pleaded guilty this year to violating the Horse Protection Act in Federal Court in what is believed to be the first time the 40-year-old law has successfully been prosecuted. The guilty pleas show federal investigators and prosecutors are actively searching for other shady trainers and their employees.

    A nauseating video appeared in May on ABC News Nightline and its star, a notorious trainer named Jackie McConnell, will be sentenced on federal charges Sept. 10 before 14 counts of unrelated state charges of cruelty will be heard in Fayette, Tn., later in September. One trainer has already done a stint in jail but federal laws are still lax.

    The video, where McConnell is shown beating one horse with an electric cattle prod, has been seen by millions of viewers and opened a floodgate of rage and protest towards the Walking Horse industry and, more particularly, its leadership based in Shelbyville. Pepsi immediately dropped its sponsorship and a quick study showed the various boards are riddled with past violators of the federal act. One even tried to have the Humane Society’s Dane barred from the board. Two of the leading veterinarian groups in the country have issued a public demand that chains and padding, or stacks, be totally eliminated from the Walking Horse industry and several states have pending litigation to ban “performance horses” because the cheating and cruelty is so widespread. Some charity shows say they’ll ban any padded horses with the cry, “No more crippled horses for crippled children.”

    But, worst of all, is the uprising from 95 percent of the Tennessee Walking Horse owners and riders. The outcry is reaching a nationwide crescendo after years of abuse that has been hidden, ignored, shunned and mocked. It is obvious, with the pending lawsuit against the USDA, the Shelbyville contingent is content to leave its empire status quo.

    An avid horsewoman from Michigan sent an email this week that said, in part, “What these creeps our don't think of is that as the pressure is on, we no longer purchase horses from Tenn., no longer patronize those TWH related businesses, no longer breed or buy semen down there, no longer travel there for TWH related business and many are moving to other breeds to have a healthy atmosphere for the children to show.”

    The USDA’s stronger inspection regulations went into effect last Monday and some sense there could be a greater presence of inspectors, investigators and even state and federal prosecutors at the Celebration in August. There will also be a noticeable number of empty seats. Many owners and riders are avoiding the Shelbyville show and are in search of fast-growing groups like FOSH – Friends of Sound Horses.

    Others are writing to Congress and other political leaders, begging them to stop the criminals, including the owners who pay trainers to cheat. They demand to know who owned the horses shown being abused in the McConnell video, for example, and want them held accountable. But, more than anything, they want to drive out the “underbelly” of the Tennessee Walking Horse industry and to be assured that the animals will not suffer at the hands of sadistic thugs ever again.



  8. #1808
    Join Date
    Jul. 23, 2007
    Posts
    749

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    Quote Originally Posted by WalkInTheWoods View Post
    http://chattanoogan.com/2012/7/16/23...es-Mounts.aspx

    Roy Exum: The Rage Over Horses Mounts
    Monday, July 16, 2012 - by Roy Exum

    An eagerly-awaited showdown between the “dark side” of the Tennessee Walking Horse industry and the U.S. Department of Agriculture was scheduled to begin in far-away Texas today but the hearing has been cancelled, instead allowing both sides to file legal briefs in a process that will delay any gun slingin’ or – worse – not bring further reform to a shattered horse industry until September at the earliest.

    If you’ll check your calendar, the 74th Annual Tennessee Walking Horse National Celebration will be held Aug. 22 through Sept. 1 in Shelbyville and will slip nicely under the wire. And many hope it will be the last stand for the “Big Lick” people, as the criminals and cheaters have now been loosely labeled, because the once-noble Shelbyville show is being increasing scrutinized as what may be the most deplorable sporting event in America.

    For well over half a century a despicable few among the many thousands of owners, trainers and riders have bought their blue ribbons rather than earn them with their abused horses. They cheat by using caustic chemicals, nails, imbedded objects and other sadistic means to force the horses to pick up their agonized front feet higher in what is called the “Big Lick.”

    Shelbyville organizers swear there are only isolated cases but in a letter that appeared in the Nashville Tennessean last Thursday, Keith Dane, the director of equine protection for the Humane Society of the United States, wrote that is certainly not true. “There is ample evidence that soring is pervasive and not limited to ‘a few bad actors.’ “

    In 2011, the U.S. Department of Agriculture conducted random testing for the use of prohibited foreign substances on horses at various walking horse competitions, and a shocking 97.6 percent of horses tested positive,” Dane wrote.

    He also revealed, “Between 2010 and 2011, 100 percent of the top 20 trainers in the industry’s Riders Cup program were cited for (161) violations of the Horse Protection Act. What the horses, and the sport, need are strong regulations and unwavering enforcement, not a group of conflicted players claiming to be the right gang to clean up the industry.”

    There are encouraging signs that badly-needed reform is coming. Horse abuse is now punishable as a felony in Tennessee and five men have already pleaded guilty this year to violating the Horse Protection Act in Federal Court in what is believed to be the first time the 40-year-old law has successfully been prosecuted. The guilty pleas show federal investigators and prosecutors are actively searching for other shady trainers and their employees.

    A nauseating video appeared in May on ABC News Nightline and its star, a notorious trainer named Jackie McConnell, will be sentenced on federal charges Sept. 10 before 14 counts of unrelated state charges of cruelty will be heard in Fayette, Tn., later in September. One trainer has already done a stint in jail but federal laws are still lax.

    The video, where McConnell is shown beating one horse with an electric cattle prod, has been seen by millions of viewers and opened a floodgate of rage and protest towards the Walking Horse industry and, more particularly, its leadership based in Shelbyville. Pepsi immediately dropped its sponsorship and a quick study showed the various boards are riddled with past violators of the federal act. One even tried to have the Humane Society’s Dane barred from the board. Two of the leading veterinarian groups in the country have issued a public demand that chains and padding, or stacks, be totally eliminated from the Walking Horse industry and several states have pending litigation to ban “performance horses” because the cheating and cruelty is so widespread. Some charity shows say they’ll ban any padded horses with the cry, “No more crippled horses for crippled children.”

    But, worst of all, is the uprising from 95 percent of the Tennessee Walking Horse owners and riders. The outcry is reaching a nationwide crescendo after years of abuse that has been hidden, ignored, shunned and mocked. It is obvious, with the pending lawsuit against the USDA, the Shelbyville contingent is content to leave its empire status quo.

    An avid horsewoman from Michigan sent an email this week that said, in part, “What these creeps our don't think of is that as the pressure is on, we no longer purchase horses from Tenn., no longer patronize those TWH related businesses, no longer breed or buy semen down there, no longer travel there for TWH related business and many are moving to other breeds to have a healthy atmosphere for the children to show.”

    The USDA’s stronger inspection regulations went into effect last Monday and some sense there could be a greater presence of inspectors, investigators and even state and federal prosecutors at the Celebration in August. There will also be a noticeable number of empty seats. Many owners and riders are avoiding the Shelbyville show and are in search of fast-growing groups like FOSH – Friends of Sound Horses.

    Others are writing to Congress and other political leaders, begging them to stop the criminals, including the owners who pay trainers to cheat. They demand to know who owned the horses shown being abused in the McConnell video, for example, and want them held accountable. But, more than anything, they want to drive out the “underbelly” of the Tennessee Walking Horse industry and to be assured that the animals will not suffer at the hands of sadistic thugs ever again.
    Nice to wake up to, thanks for posting.



  9. #1809
    Join Date
    Apr. 3, 2007
    Posts
    377

    Default

    sure like it staying out front,so folks can read it for themselves



  10. #1810
    Join Date
    Jul. 23, 2007
    Posts
    749

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    Quote Originally Posted by aarpaso View Post
    sure like it staying out front,so folks can read it for themselves
    Yep, Roy is the"cat's meow!!!"



  11. #1811
    Join Date
    Jul. 23, 2007
    Posts
    749

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    E-mail forwarded to me from FOSH. Hope this really means something.
    to FOSH_BOD, FOSHFriends



    I am EXTREMELY happy to report that maybe our breeders association is finally getting the message. While the latest issue of Voice is much smaller, there is not one picture of a padded horse in the magazine. First time I remember that! Let's see what comes around next month.


    Nancy



  12. #1812
    Join Date
    Apr. 3, 2007
    Posts
    377

    Default

    the Voice is an arm of TWHBEA,its just part of the smoke screen game,
    they did it before just not the every pg.cut back on the BL did a trail thing if i remember right.

    i would not hold my breath.

    sorry its jmo



  13. #1813
    Join Date
    May. 16, 2007
    Posts
    1,122

    Default

    Not being a member, i dont get the VOICE. But i have seen some discussion that they do a yearly versatility issue. Dont know if that is this issue or if they are putting the BL behind the curtains.



  14. #1814
    Join Date
    Jul. 23, 2007
    Posts
    749

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    I doubt if it really means anything.



  15. #1815
    Join Date
    Jul. 23, 2007
    Posts
    749

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    Dear TWHBEA Executive Committee: As I understand it, you, the Executive Committee—the elected leadership of TWHBEA—voted to use SHOW, a NON-COMPLIANT HIO for inspections at TWHBEA's futurity followed the 3-day TWHBEA World Versatility Show that will include padded horses. I am absolutely flabbergasted. I cannot comprehend why anyone on the TWHBEA Executive Committee would have voted for such a decision in today’s climate. SHOW is NON-COMPLIANT because it did not adopt the new USDA minimum, mandatory penalties for HPA violations for trainers, exhibitors, owners and all responsible parties. The final regulations went into effect on Monday, July 9. Notice of the final regulations was issued on June 7. SHOW and four other HIOs did not adopt the USDA minimum, mandatory penalties. That leaves 7 compliant HIOs from which to choose. You, the elected leadership of TWHBEA, had plenty of time to avert this disaster. At the very minimum, you should have informed SHOW that if it did not adopt the penalties as of July 9, TWHBEA would switch to another HIO. One the one hand you speak out of one side of your mouth and support the sound horse. Marty Irby recently told the TENNESSEAN (Mistreated Tennessee Walking Horses Get a Second Chance), “We only stand for the sound horse. We’re against soring of horses in every way and will do what we can to eliminate the practice.”On the other hand, you align your actions out of the other side of your mouth with an organization that is NON-COMPLIANT. Given this, how then is TWHBEA doing what it can to eliminate the practice of soring???? Your decision to use the NON-COMPLIANT SHOW organization as the HIO for this very prestigious TWHBEA event speaks volumes to the public. I cannot believe you have put TWHBEA in this position. What were all of you thinking?? Are you on drugs?? All I can say is “Get ready—prepare yourself for the backlash from this very idiotic decision!!” You had an opportunity to hire a compliant HIO. Well……your actions speak way louder than your words. You cannot scream loud enough to cover up the blatant intent of your actions. We get the picture!!!This is an embarrassment of the highest order. Those of you who voted for this cacophonic nightmare which will have dire consequences for TWHBEA should either remove yourselves from office or be removed. This type of two-faced, insincere, deceitful leadership, blinded by the ills of a sore horse culture, is certain to extinguish TWHBEA. Wake up, people!! Cris Van Horn
    Importance: High Dear TWHBEA Executive Committee: As I understand it, you, the Executive Committee—the elected leadership of TWHBEA—voted to use SHOW, a NON-COMPLIANT HIO for inspections at TWHBEA's futurity followed the 3-day TWHBEA World Versatility Show that will include padded horses. I am absolutely flabbergasted. I cannot comprehend why anyone on the TWHBEA Executive Committee would have voted for such a decision in today’s climate. SHOW is NON-COMPLIANT because it did not adopt the new USDA minimum, mandatory penalties for HPA violations for trainers, exhibitors, owners and all responsible parties. The final regulations went into effect on Monday, July 9. Notice of the final regulations was issued on June 7. SHOW and four other HIOs did not adopt the USDA minimum, mandatory penalties. That leaves 7 compliant HIOs from which to choose. You, the elected leadership of TWHBEA, had plenty of time to avert this disaster. At the very minimum, you should have informed SHOW that if it did not adopt the penalties as of July 9, TWHBEA would switch to another HIO. One the one hand you speak out of one side of your mouth and support the sound horse. Marty Irby recently told the TENNESSEAN (Mistreated Tennessee Walking Horses Get a Second Chance), “We only stand for the sound horse. We’re against soring of horses in every way and will do what we can to eliminate the practice.”On the other hand, you align your actions out of the other side of your mouth with an organization that is NON-COMPLIANT. Given this, how then is TWHBEA doing what it can to eliminate the practice of soring???? Your decision to use the NON-COMPLIANT SHOW organization as the HIO for this very prestigious TWHBEA event speaks volumes to the public. I cannot believe you have put TWHBEA in this position. What were all of you thinking?? Are you on drugs?? All I can say is “Get ready—prepare yourself for the backlash from this very idiotic decision!!” You had an opportunity to hire a compliant HIO. Well……your actions speak way louder than your words. You cannot scream loud enough to cover up the blatant intent of your actions. We get the picture!!!This is an embarrassment of the highest order. Those of you who voted for this cacophonic nightmare which will have dire consequences for TWHBEA should either remove yourselves from office or be removed. This type of two-faced, insincere, deceitful leadership, blinded by the ills of a sore horse culture, is certain to extinguish TWHBEA. Wake up, people!! (Copy of e-mail I got today, written by sound horse advocate.)
    Last edited by walknsound; Jul. 17, 2012 at 10:23 PM.



  16. #1816
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
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    I do not know if it has anything to do with anything else but I did notice Aug 7 as a deadline on the court thing and Aug 7 is the final day to register for The Celebration. Registration fees are non-refundable. Again, don't know if that means anything or not.



  17. #1817
    Join Date
    Apr. 3, 2007
    Posts
    377

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    nashfad

    it matters this date of AUG 7 if the court thing you speak of is the Texas one.
    McGartland may have a horse that he wants to win the WGC,to raise its STud fees in Miss/Tx,this horse could be in his wife's name or a friend.it my not pass inspection but if the HIO is THEIR HIO than that horse will pass.

    its my understanding that Mrs McGartland is part of the TWSHO formed a few wk passed.Six of the Seven higharchy has HPA Violations

    if the case in TX run right up to the MIDNIGHT HOUR of the 7 th than McGartland and others in the MIRE of court.which is of their own making mind you. this may back fire on them,One can only hope i guess.

    untill that case is closed,the SHOW INC, should not be used as an HIO.for any show.

    everything they do should be FROZEN,STOPPED ENDED. jmo folks



  18. #1818
    Join Date
    Jul. 23, 2007
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    Dear TWHBEA Executive Committee, Yes, that is my question, what could you possibly have been thinking to use a noncompliant HIO for the TWHBEA Futurity? When the HIO discussion was first addressed for the Futurity, why was SHOW even a possibility in light of its refusal to adopt USDA minimum, mandatory penalties for Horse Protection Act violations by exhibitors, trainers, owners and responsible parties? Seven HIOs have adopted the USDA penalties, which were put in place to protect the horse. So, if TWHBEA is putting the welfare of the horse first as it publicly states, why was noncompliant SHOW even considered? Your decision to use noncompliant SHOW makes it obvious that TWHBEA is all about continuing the tradition of sored horses in the ring—there is no concern for the horse at all. For those in favor of SHOW, do you even have an ounce of concern for the welfare of horses? Don’t you think that 40+ years of bloody and painful abuse is sufficient for this beautiful horse that you claim to love, cherish and protect? Don’t you get it? The public gets it which is why TWHBEA is the laughingstock of TN and at the bottom of the barrel in the entire equine industry. After the close scrutiny in the press for the past few months, TWHBEA should have been running as fast as it could from all noncompliant HIOs and from any possible negative press. Did that cross anyone’s mind? Do you have any empathy for owners who put sound horses in the ring? So, tell me this, what about those owners who train soundly? Because of noncompliant HIOs' failure to adopt the penalties, sound owners must compete with owners who have sored horses and did not receive rightful penalties while exhibiting under noncompliant HIOs. Of course, if those penalties would have been imposed upon those owners as the law requires, it may have kept them out of the Futurity ring, right? How fair is that? To add insult to injury, you are using a noncompliant HIO, SHOW, which has helped create this inequity for sound owners. Did you even THINK about that possibility? As leaders, you are supposed to think ahead and set direction. I guess that fact has escaped you. TWHBEA is under a microscope. Actions speak louder than words, and all your sound bites to the press now mean nothing because of this noncompliant HIO choice. After reading articles of the TWH industry visits with PR firms and the American Horse Council, the message to the industry was “Do the right thing.” Did you miss that advice? How can using a noncompliant HIO that refuses to penalize owners for HPA violations be the right thing to do? Why do sound owners with sound horses have to compete against owners who will not be penalized for their sored horses at the Futurity? More importantly, if sored horses are shown at the Futurity, why will there be no repercussions for all responsible parties? This is what you get by using noncompliant SHOW. For anyone in favor of using noncompliant SHOW, you need to resign and get out of the way so that this organization and the breed can survive. Find another organization to destroy. You have made it clear that the only thing that matters are moneyed owners—not ethics, not doing the right thing, not sound owners and NOT the Tennessee Walking Horse. So, to my original question, what were you possibly thinking in using a noncompliant HIO for your Futurity? Copy of another letter to TWHBEA.



  19. #1819
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    Quote Originally Posted by walknsound View Post
    Dear TWHBEA Executive Committee, Yes, that is my question, what could you possibly have been thinking to use a noncompliant HIO for the TWHBEA Futurity? ..... HIO for your Futurity?

    I am sure we can all imagine the responses to these letters will not be much worth the post here. But I think you and Roy are definitely related. You have a knack for the obvious. And that is a good thing - specially when TWHBEA seeks only to throw up side mouth back slapping smoke screens of double talk.

    Lose the stacks and chains TWHBEA.

    Hand over the reins.



  20. #1820
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    http://www.t-g.com/story/1871335.html

    Horse trial canceled; judge to hear both sides of issue

    Tuesday, July 17, 2012
    T-G STAFF REPORT
    A trial over the constitutionality of a U.S. Department of Agriculture rule change affecting the Tennessee walking horse industry was canceled before it could take place Monday, with both sides to present their evidence over the issue instead.
    Last month, the Shelbyville-based SHOW Horse Industry Organization (HIO) filed a lawsuit, asking for a restraining order over new rules which instruct the walking horse industry to oversee enforcement of anti-abuse penalties.

    A federal district judge in Texas denied the motion for a temporary restraining order last week and had set a trial in the matter for Monday, but now both sides have agreed that a hearing and trial "is unnecessary in this case."

    Instead, a resolution will be reached based on cross-motions for judgment on the evidentiary record, but the two sides disagree what evidence the judge can consider.

    To resolve case

    U.S. District Judge Terry R. Means ordered the plaintiffs, SHOW Inc., Contender Farms, and Mike McGartland, to file their evidence on Monday, with the defendant in the case, the USDA, to submit "all documents and things that they believe should be considered" today.

    Either party may file a motion to exclude all or part of another party's submission by Aug. 7, with the submitting party having 21 days to respond to the motion.

    Once Means has ruled on all outstanding motions concerning the scope of the record in this case, both sides will submit a proposed briefing schedule for resolving the merits of SHOW's claims.

    Background

    The USDA's new rule requires HIOs that license Designated Qualified Persons (DQPs) as inspectors to assess minimum penalties for violations of the Horse Protection Act.

    SHOW stated in its lawsuit that private organizations do not possess subpoena power or personnel to judge and prosecute cases of horse abuse, and would withdraw from inspections rather than be exposed to possible lawsuits.

    However, government attorneys filed a document last week stating that the HIO/DQP enforcement system is constitutional and the USDA's rule change does not exceed statutory authority nor violate participants' procedural due process rights. The USDA said in June that the new rule would ensure consistent inspections and enforcement at all shows.

    Contender Farms and McGartland claimed they would be subject to suspensions under the new rule. But the government memo said harm would only occur if they violated the law by soring their horses.



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