Horses and the Law

About Milt

Milt Toby is an author and attorney with a lifelong interest and involvement in the horse industry. He grew up showing American Saddlebreds, then switched to hunters, dressage, and combined training. He was an American Horse Shows Association steward at some of the country’s largest horse shows, and he has been to the races on six continents. Milt’s sixth book, Dancer’s Image: The Forgotten Story of the 1968 Kentucky Derby, was published recently by The History Press. His earlier books include The Complete Equine Legal and Business Handbook and Ruffian. Milt is a past Chair of the Kentucky Bar Association’s Equine Law Section. His website is www.miltonctoby.com.

Eight out of 10 American voters oppose slaughtering horses for human consumption according to a new poll sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA), one of the country’s leading advocates for animal welfare. This overwhelming opposition to slaughter crosses gender lines, geography, political affiliation, and whether people live in the country or in the city.

With that much voter support, passing antislaughter legislation should be a slam dunk in Congress. But it isn’t, never has been.

So why does federal anti-slaughter legislation stall every year?

It’s a puzzling question, without an easy answer.

One reason lies with the representative nature of our government. The 80% of voters who oppose horse slaughter don’t actually vote on individual bills. That’s impractical for a lot of reasons, although we’re closer than ever to a real democracy thanks to the exponential growth of the Internet. Instead, voters go the polls to elect representatives who—in the best of all possible worlds—actually represent the interests of their constituents. Unless they don’t.

Another possibility is that our Congressmen and women represent the interests of people who didn’t elect them to office, including the individuals or organizations willing to turn over the most money. These campaign contributions are not bribes, technically anyway, but staying in office is the first priority for politicians, and winning the next election can be a pricey endeavor.

Undue influence is the easy answer, one the cynic in me would like to embrace, but it might not be the right one.

Money, Money, Money

Let’s take a look at S. 1176, the Senate version of the American Horse Slaughter Prevention Act of 2011. The bill was introduced in June 2011 by Sen. Mary Landrieu, a Democrat from Louisiana. There are 26 co-sponsors and while the majority (19) is from Sen. Landrieu’s own party, there is support for the slaughter ban from both sides of the aisle. The same day the bill was introduced, it was referred to the Senate Commerce, Science, and Transportation Committee, where it languishes eight months later.

Campaign contributions are a matter of public record, but trying to sort out who gave what to whom on the Committee might take weeks, if you’re lucky. Thankfully, MapLight has done some of the heavy lifting for us. MapLight is a nonprofit, nonpartisan research group that monitors campaign contributions to members of Congress. Results of the group’s research, sorted by legislation and contributors, can be found at www.maplight.org. It’s enlightening reading.

According to MapLight, campaign contributions from interest groups that oppose S. 1176 total $605,850, while contributions from groups that support the anti-slaughter legislation total $204,305. The opponents of S. 1176 are making donations at a 3-to-1 clip compared to the bill’s supporters.

The difference is not so marked when you look only at the Commerce, Science, and Transportation Committee members—$116,400 from opponents of S. 1176, $64,955 from supporters—but the split is still almost 2-1.

Flipping the House

MapLight numbers for H.R. 2966, the House of Representatives version of the American Horse Slaughter Prevention Act of 2011, paint a different picture.

Like its Senate counterpart, H.R. 2966 was consigned to a committee (House Agriculture) soon after it was introduced. Like S. 1176, H.R. 2966 is still in committee.

Unlike in the Senate, though, campaign contributors who support anti-slaughter legislation have the upper hand in giving when it comes to the House of Representatives. MapLight numbers show $122,650 from interest groups in favor of the legislation, $66,045 from interest groups in opposition.

So where does that leave us?

S. 1176 is stalled in committee in the Senate, where contributions from opponents outpace contributions from supporters 3-1; H.R. 2966 is stalled in committee in the House, where contributions from supporters were twice as much as contributions from opponents.

The MapLight numbers are a good start in figuring out which contributors might be influencing our legislators on a particular issue, but they are only a start.

The numbers reflect money given to the congressional campaigns of legislators in office for the 112th Session (the current one) during the period from July 1, 2005 through June 30, 2011. This means that a significant part of the total contributions were made before S. 1176 and H.R. 2966 were introduced. Similar anti-slaughter bills were introduced during the six-year period tracked by MapLight, though, so it’s reasonable to assume that support or opposition to those bills influenced at least some of the contributions.

The situation is complicated further because individuals and organizations either for or against the anti-slaughter legislation almost certainly supported or opposed other legislation. So it’s not fair to conclude that all the money contributed by supporters and opponents of S. 1176 and H.R. 2966 was directed to influence votes on those specific bill.

Finally, the designation of donors as supporters or opponents of the bill is not cast in stone. MapLight might have mischaracterized donors, or missed some entirely.

I wanted an easy answer, but I didn’t find one.

Does money talk in Washington?

Do campaign contributors exert too much influence on decisions—good or bad—made by Congress?

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Comments

Great article and thank you to The Horse for raising awareness of the influence money exerts in D.C.

For the record, not all legislators are so monetarily motivated, but certainly those who oppose horse slaughter tend to be the ones who have been compensated handsomely to do so.

This year's spending is actually quite modest compared to previous sessions. According to maplight, in the last session of Congress, horse slaughter proponents spent $3.5 Million to influence opposition for the House and Senate bills. That represented a 7.5 to 1 ratio in the House and a whopping 11 to 1 ratio in the Senate of donations to oppose the ban vs. donations to support it - almost a reverse of the ratio reflecting the desires of the American people.

One legislator, John Cornyn from Texas, received an absurd $259,000 to oppose the ban!

Clearly our system isn't working when the pay to play can so effectively skew legislative action on an issue with such overwhelming consensus in this country. We need to find ways to expose this legal form of bribery and ensure legislators are actually representing the will of the people, not the well-funded special interest lobbies.



monica 07 Feb 2012 12:52 PM

Monica accurately describes the dirty games in Washington, and this self-serving practice shames every American. In some fairytale world, far far away, our Senators and Congressmen are responsible to their constituents.

In addition to this generally accepted practice, the ugliness extends beyond the legislative chambers to committees and to individual actions of committee members. This past November, three individual members of a joint committee acted unilaterally, fully silencing the voices of their peers on the Appropriations Committee, and ultimately, the voices of hundreds of their peers on Capitol Hill. Well, after all, that’s the only way that horse slaughter could ever continue in America.

Shame on Senators Kohl and Blunt, and Rep Kingston. It wasn’t right, it wasn’t honest, and it’s not defensible.



KathrynW 07 Feb 2012 5:46 PM

Perspective...how much money was provided by HSUS and ASPCA to fight the passage of humane slaughter?  Both AR groups have more money than God and they use it for political leverage; not for the animal in the shelters.



s 07 Feb 2012 6:14 PM

s - Perhaps you missed reading my earlier post. The horse meat lobby (which includes Agribusiness and AQHA) are OUTSPENDING equine and animal welfare donors(including HSUS and ASPCA) by a whopping 750 to 1100 per cent.

But I bet you don't have a problem with that, right?



monica 07 Feb 2012 6:49 PM

Any representative or senator who signs the bill which allows horses to be inhumanely transported and slaughtered should be made to watch what happens to these wonderful animals, and not just one horse.  Money and greed is the whole reason behind this.   Human beings are the reason there are so many unwanted horses.  It is in the bible that they were not meant to be consumed by humans.  Do I want to see horses starved and neglected.  No.  Stop the needless breeding.  This would begin with the poor racehorses and the ranches who breed year-after-year, or the backyard breeders who can't take care of themselves let alone a horse.  One more thing, take a look at who comes back one of these days and what he is riding.



Carolyn 07 Feb 2012 8:06 PM

Could it be that the legislators actually believe that this is an issue best left to the people who actually own horses? The ASPCA poll was open to all people. The HSUS led federal regulation of the chicken industry reveals their intended goal of regulating all animal production in the face of scientifically based production procedures. I applaud the legislators for refusing to become pawns in this battle to eliminate animal agriculture.



Don 08 Feb 2012 3:58 PM

don has a good point. generally i agree that congress works for money. in this case i don't think there is enough money in the horse  business to influence them.

this is an emotional issue that evokes a rather predictable response from most people. however, most of the people that i know that raise, train,show,ride or care for horses(and love them) believe that humane slaughter is preferable to the horrible things that regularly happen to unwanted horses- usually horses that people can't afford and can't even give away.  just for fun, try finding a horse rescue facility near you that can take a horse.

an unfortunate dilema.



david 08 Feb 2012 6:09 PM

Don,

This independent poll by Lake Research Partners was open to all people, and so are the voting booths.

Had you actually read the poll, you would know it confirms that a vast majority of horse owners are also against the slaughtering of our nation’s equines. This is backed up by the fact that only 1% of horses that die each year go to slaughter, even though it is illegal in only 3 states so far.

The poll shows the mounting support for banning the brutal horse slaughter trade  - while stronger with females, and voters who identify themselves as Democrats - is staunchly bi-partisan, across geography and gender.

It would be impossible for horse slaughter to have 80% overall disapproval rate without broad based agreement.  

The people have spoken. The people also expect their government to regulate food production for the greater good, including keeping animals in larger spaces, to reduce stress and the use of antibiotics that feed the epidemic of super germs in the human population.

Speaking of drugs, if you want to slaughter your own horses, a gentle reminder: Under current law, it's illegal in the US, Canada, EU and UK if you've given them drugs like Bute, fly sprays, wormers.



Susan 08 Feb 2012 6:31 PM

Thanks David.

Let's look at some more facts. Why was the Senate bill taken to the Commerce, Science and Transportation Committee instead of the Ag Committee? Could it be because the Ag Committee would not pass it to the floor for a vote?

For any horse owners out there who enjoy riding, competing, or just loving horses, are you willing to let the animal rights group dictate how your horses are cared for and used? The slaughter issue is extremely emotional. However, it is just the most visible attempt to eliminate animal agriculture, including the horse industry. It is easy to get the general public up in arms about horse slaughter. There is already a large movement to ban the use of bits and attempts are being made to ban the use of horses for entertainment. Sounds logical to me!



Don 08 Feb 2012 8:45 PM

David,

With respect, the money is coming from Big Ag, the meat lobby, other powerful lobby groups. It only takes one Senator to put a hold a bill and that doesn't cost too much.

Last time the bill passed overwhelmingly in the House, Larry Craig blocked it in the Senate a few months after his arrest for soliciting sex in an airport men's room. Larry Craig's filibuster allowed the clock to run out, and the bill died at end of the term.

When we hear horse slaughter is an "emotional issue" .. is that code for  "women oppose horse slaughter?"

Kidding aside, it's a fallacy to equate emotions with irrationality and assume that emotions and rationality are incompatible.

History shows how often Americans have had to address  "emotional" issues: Support for returning veterans, civil rights, voters rights, child pornography reform, women's suffrage, breast cancer reform (banning drive by mastectomies) highway safety, the economy, jobs, World War II (Pearl Harbor,) laws requiring convicted pedophiles to register and not live near schools.

Heck, some folks get emotional when Medal of Honor winners walk by in a parade.  

Sure horse slaughter is emotional, because horses are suffering horribly, owners are being lied to, and food safety law violations darken the reputation of all American farm products by putting innocent humans at risk, all for money.

The news gets worse every day: Fraud in PA, abuse exposed at a Temple Grandin plant in Quebec (where one horse suffered a protracted, brutal 11 stunnings and remained conscious - a clear violation of Canadian law) drug and Coggins violations.  

In truth, the sole argument for slaughtering horses is emotional; it has no rational basis: Horses will starve to death if we don't sell them for meat.

Respectfully, that makes no sense at all. It says a lot about  character to call one brutality better than another, like there's no 3rd way: If there are too many horses, stop the over-breeding.



Susan 08 Feb 2012 9:56 PM

Don ~ You must be hallucinating if you believe that most horse owners are pro-slaughter. None that I know are. We all know some of the Big Breed Orgs are pro-slaughter, and do you actually think the AQHA doesn't have enough money to influence anything? Good grief!

As for all those "unwanted horses" did you know that many of those reports were investigated and turned out to be bogus? Besides, since we are slaughtering just as many horses as we did when the plants were open here, why aren't these owners selling their horses to the kill buyers? They are still where they always were, buying fat, healthy, young horses to kill for foreign gourmands. Don't bother with those "old, sick, crippled, skinny" ones though - slaughter plants will NOT accept such horses and the killers know that. Still, they DO have a number of rejects on most trips. It's recently been discovered that the hundreds of horses abandoned in the desert Southwest are those rejects - abandoned by the killers to fend for themselves.

There is no such thing as humane horse slaughter. The very nature of horses as prey animals with an overwhelming flight response makes it impossible to effectively use a captive-bolt in a manner consistent with the Humane Slaughter Act. Transport is also incredibly inhumane and although the USDA has enacted tougher rules, no rules matter if they're not enforced. If you think horse slaughter can be humane, you might want to check this: www.defendhorsescanada.org/lpn.html By the way, Temple Grandin designed this slaughter plant.

As for undue influence, the slaughter lobby is supported by some of the most powerful agriculture groups in the country

including the Farm Bureau, the National Cattlemen’s Beef Association (NCBA), the Pork Producers Council (PPC) and of course the American Quarter Horse

Association. They have engaged some of the top lobbying and PR firms in Washington in a concerted effort to keep the anti-slaughter bills from ever coming to a floor vote. All it takes is one Committee member to effectively kill a bill in committee - and this person doesn't even have to identify himself/herself.

In the sub-committee that refunded the inspections there were only four members. The one that voted no was Rep. Sam Farr (D)CA. Both bills have broad bi-partisan support in both Chambers, so they would probably pass - except they never get that far.

As for food safety, we know that horses are not regulated like food animals in the US. The FDA considers horses Companion Animals and so allowed horse medications and many other products to contain ingredients that are absolutely banned in food animals.

The European Union - the biggest consumer of our horse meat - has stated that next year they will not accept our horses for slaughter unless we have implemented a traceability system comparable to their passport system. How much would this cost tax payers who are dead set against horse slaughter? Tax payers are already going to be on the hook for at least five million dollars a year just to pay for inspections - IF plants are ever reopened in the US.

KathrynW - Just a word about the HSUS. I am NOT an animal rights activist - I never even considered myself an activist at all. I am however, an anti-horse slaughter  advocate and a horse owner for 35 years. I'm not the HSUS' biggest fan, BUT it seems to be okay when Big Ag, the AQHA and other deep pickets lobby for anti-welfare legislation, but not for the HSUS to lobby for pro-welfare legislation. Yes, I said welfare. They are much more moderate than PETA, ALF, SHARK and others, believe me. The HSUS is the only organization that lobbies for horses. Can't we have just one? The HSUS is the one that has told the USDA they will file suit if the USDA doesn't conduct the environmental studies ordered by the court in 2007 before they can open another horse slaughter plant. It's the HSUS that has also threatened litigation if the USDA doesn't implement a passport-type traceability system. Sad that the HSUS has to push our government to do what they should have done long ago.

It's disgraceful.  



Suzanne 08 Feb 2012 11:16 PM

Yo Don, did you read the poll?

The research showed 71% of horse owners oppose slaughter.

The disconnect is that the well-funded, vocal, irrational minority who seek to profit from slaughter have consistently and erroneously represented themselves as speaking for horse owners, which has now finally, been proven false.

It is certainly amusing that slaughter proponents seek to slander equine welfare advocates by using the 'emotional' card. Have you seen the angry, absurd rants by members of the horse meat lobby group United Horsemen? Sorry, but I beg to differ on this. Equine advocates have the facts on their side, and the numbers. Are we upset that legislators are taking legal bribes and not representing the will of the people, and the welfare of equines and the legitimate equine industry? Of course! But the 'emotional' pejorative can be as easily ascribed to slaughter proponents.



monica 16 Feb 2012 3:40 PM

Well, 88% of Americans disapprove of Congress...

;)



Rachel 27 Feb 2012 2:59 AM

Pingback from  Please Contact the Senate Committee on Commerce, Science and Transportation.  Pass S 1176. | We Don't Eat Our Horses and Horse Slaughter is NOT Humane Euthanasia.



06 Apr 2012 9:55 PM

Pingback from  IF YOU ARE GOING THROUGH HELL, KEEP GOING. | We Don't Eat Our Horses and Horse Slaughter is NOT Humane Euthanasia.



08 Apr 2012 9:59 PM