I would like to propose a very easy cut to the Obama administration’s ridiculously bloated budget. This cut will engender massive goodwill across the American South, promote a sharp upswing in charitable giving, and show the rest of the country that the politicos in D.C. that manage our taxpayer dollars are doing their best to show some form of fiscal responsibility: end the USDA’s Horse Protection Act, or trim it severely.
The Horse Protection Act (HPA) is a measure that was designed to protect horses from the inhumane practice of “soring” — using chemicals, mechanical devices, or the outright infliction of wounds to horses to exaggerate the high-stepping gait of breeds such as the Tennessee Walking Horse. While this is in theory a noble law, the reality is that the HPA generates ill will, fear, and resentment in places and people it should not. Socialite housewives and farmhands who choose to participate in charity horse shows, for example, are beginning to find themselves the targets of USDA scrutiny, and that’s not winning the federal government any brownie points.
As of May 12, 2009, USDA veterinarians and security officials have invaded 12 horse shows covering 31 horse show days and conducted 292 pre-show inspections in Mississippi, Kentucky, Texas, Florida, and Tennessee. The horses at these events are led through elaborate checkpoints where they are made to maneuver around a series of cones before getting poked and prodded. Their every move is videotaped and photographed. If the examiners find that an animal has been “abused,” its trainers are subject to a range of penalties, including fines, suspension, and even jail time.
The USDA’s presence is redundant and unwanted because there are already “designated qualifying personnel” — or DQPs — at each of these shows. The DQPs are trained veterinarians in their own right with experience in spotting signs of soring and other forms of animal abuse and have the power to issue fines or suspensions. Recently the state DQPs have begun videotaping and photographing their own work to shield themselves from accusations by the federal agents attending the events that they aren’t doing their jobs correctly.
The HPA is yet another example of the federal government overstepping its bounds. USDA inspection agents, accompanied by armed government security guards, are being sent to check the work of veterinarians who have sworn an oath to look after the well being of the animals they treat. At the bare minimum, the USDA’s officials are accusing local veterinarians of incompetency. In a worst case scenario, these local vets — who attend numerous horse shows in the same state or region and see the same horses over and over again — are being accused of playing favorites and shirking their professional duties to ensure that riders, trainers, and owners aren’t penalized for abusing animals. That’s just plain offensive conduct by an allegedly “compassionate” government.
Maybe this is the real reason charity horse show events suffer from a lack of entries when the USDA’s inquisitors appear on site. It’s not that those who are responsible for the horses are afraid of being fined; it’s that they don’t want to endorse the HPA’s draconian provisions. As one woman told me, “I don’t walk my horses through the DQP when the USDA shows because I’m afraid of getting caught doing something wrong. I know I didn’t hurt my horse. It’s the principle of the thing. The government is poking their noses where they’re not wanted and I’ll have none of it.”
The most disturbing facet of the HPA, though, is that the penalties are uncontestable. If a trainer, rider, or owner is found guilty of animal cruelty, he is given no legal recourse, no right of appeal. Once the USDA finds you guilty of animal cruelty, you are guilty in both the courts of law and public opinion, and are left without a way to clear your name. It is a shame to see men and women who treat these noble animals better than some employers treat minimum wage workers convicted of a crime they did not commit.
No “horse sense” necessary here: the taxpayer money going to fund the HPA can be better spent elsewhere. Cut the money for this ridiculous program and everyone wins.
Christopher Seaton, a law student at Appalachian School of Law, is a regular contributor to The D.C. Writeup.
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