Newly revised rule enforcement practices for the Horse Protection Act (HPA) present a great threat to all equine-centered sports, not just the Tennessee Walking Horse (TWH) sector.
The definition of the “action devices” banned for TWH could easily be broadened to include humane, commonly used items throughout the equine sports industry. Even more concerning is the fact that performance-enhancing “chemical agents” are listed in the ban, which could be interpreted to encompass everything from astringent shampoos to therapeutic hock injections.
For years, animal extremist groups have tried to pass the Prevent All Soring Tactics (PAST) Act into law via Congress. This agenda-based law was created to specifically target the Tennessee Walking Horse industry, forcing unnecessary rules on an already tightly regulated industry. Having failed to enact the PAST Act, animal extremists changed tactics and this time succeeded in forcing overreaching regulations this time using USDA regulations. This route is not only detrimental to walking horse events but will send shock waves through the entire performance horse industry.
The Horse Protection Act was passed in 1970 to prevent soring and to preserve fair competition in the Tennessee Walking Horse industry. Historically, the act has been widely supported by those in the industry for ensuring the well-being of horses and maintaining fair competition. Enforcement of the HPA was delegated to the USDA.
Currently, Tennessee Walking Horse Shows are among the most regulated equestrian events nationwide. 100% of horses shown are inspected by either USDA-approved organizations or USDA inspectors themselves. These inspections are done every time a horse shows, and again post-show if they win their class or are chosen through random post-show inspections. In 2023, 43,828 total inspections were performed and only 2% of the horses inspected had some type of violation.
It is abundantly clear that the current system is working to regulate the Tennessee Walking Horse industry. However, that is not the ultimate goal of the animal extremist-pushed agenda, hence the current changes we are alerting you to.
In April 2024, the USDA published a Notice of Final Rule amending the current regulations enforcing the Horse Protection Act (HPA). Without just cause or supporting data, the USDA is now attempting to eliminate a significant portion of the industry’s show horses and initiate a cumbersome and unreasonable government takeover of the inspection system that has been on the front lines of enforcement for almost 50 years. The newly adopted rules eliminate industry inspectors and instead give USDA’s Animal and Plant Health Inspection Service (APHIS) carte blanche over the inspection system.
The new rule also prohibits any use of gait-enhancing action devices on Tennessee Walking Horses or Racking Horses, even though the USDA allows other types of show horses to be exhibited with pads and action devices. Science and data support the fact that this is not harmful to horses.
The banning of “action devices” for Tennessee Walking Horses creates a slippery slope aimed toward the banning of other common equipment in other equine events. Spurs are used to enhance action. Fleece-lined flank straps on rodeo rough stock animals enhance action.
Perhaps most concerning about the HPA rule change is that it does not allow horse trainers and owners any opportunity to dispute disqualifications. APHIS’s inspection regime has complete, unilateral control over who is and is not allowed to succeed in the Tennessee Walking Horse show world, and they stand poised to effectively dismantle an entire sector of American horsemanship.
Make no mistake, this animal extremist-backed shift in enforcement of the HPA affects ALL horses and events and opens a gateway to the destruction of the entirety of the horse industry in the United States, even though the vast majority of people in the horse industry operate ethically and entirely out of love for the horse.
The HPA states: “Soring has been used primarily in the training of Tennessee Walking Horses and racking horses to produce an exaggerated gait in competition. However, the HPA’s prohibition against sored horses participating in shows, exhibitions, sales, and auctions applies to ALL HORSE BREEDS.”
If that broad and all-inclusive verbiage doesn’t worry you, it should. The goal here is not to protect horses from abuse, it is to put a nail in the coffin of the entire performance horse industry.
However, the recent Supreme Court ruling on the Chevron deference could realistically upend the USDA’s egregious overreach in this matter. In 1984, courts ruled that judges should generally defer to federal agencies as “experts” in rulemaking, allowing the unelected and often extremist-influenced agencies to uninhibitedly enact rules and regulations.
Western Justice is encouraged and cautiously optimistic about this shift and will continue to keep you informed about this and other issues affecting our Western way of life.