Mullins WARNED Cotten if he was going to get “hammered” when Cotten called Mullin’s and asked why this horse had gotten through inspections like that. Mr. Cotten from the comments on FB was very nervous that he was going to get the blame for the scars all over Jose’s Wine and Roses. The owner sided with Mullin’s and stated they didn’t see scars on the horse when they delivered her to Cotten but I can tell you that those scars were more than 2 weeks old. She was moved from David Landrum’s barn to Cotten’s. Mullin’s should be a shamed of himself! Corruption runs SHOW for sure, this was so obviously a smear job because Mullin’s needs to protect the Country Clubbers.
NWHA will never have big lick at there shows. They were the only TWH organization to perform at the World Equestrian Games in Kentucky in 2010. They are now USEF (United States Equestrian Federation) affiliated. NWHA has a very strict policy to keep sound horses in the ring and sore horses out of the ring. They agreed to the mandatory penalties before it because part of the HPA recently. Also their rules go beyond the mandatory penalties. They are a wonderful alternative to the corruption in the breed. We only hope the association continues to grow! They are also a 501©(3) corporation.
[
B]who is the skunk in the wood pile.[/B]
in 2010 David Landrum had (SHOW) rule violations (2099) covered up. by whom Mullins
so when Cotten asked about Jose’s Wine and Rose,did he (Cotten) open a can of worns that Mullins did not want opened :eek: now Cotten is bein taken down.to protect the owner and LANDRUM? that horse was in Landrum"s barn. for how long and for what reason.
Landrum has violations as far back as 1992,from the USDA.He’s as dirty as Jackie the Jerk.
How many Jackie the Jerks are out there:eek:
in 2005 per TWHBEA (MAIN POWER )was trained by Joe Cotten out of Landrum stables so Cotten has been connected to Landrum for a few yrs, how much does he KNOW. this house of cards is falling.on trainer at a time.
Subject: SHOW Files Lawsuit To Stop Implementation of Unconstitutional Federal Regulations
Regulations Also Unfairly Punish Those Cleaning Up Industry, Hinder Reform Efforts
(Washington, DC) –Today SHOW Horse Industry Organization filed a lawsuit in federal court challenging the United States Department of Agriculture’s recent regulatory action that would force the walking show horse industry to be responsible for managing the legal process surrounding penalties, on the grounds that the rule is unconstitutional. The rule also punishes those who are working hardest to reform the industry as they have the most stringent rules.
“Reformers within the walking show horse industry are committed to self-regulation as demonstrated by recent efforts but the USDA’s regulations are not only unconstitutional, they unfairly punish those most aggressively working to clean up the industry,” said Dr. Stephen L. Mullins.
Background on the Rule
The new rule adopted by the USDA attempts to force private organizations to impose federal mandatory suspension penalties on participants in horse shows for violations of federal law with no regard for the accused individual’s constitutional rights. The scheme proposed by the USDA would require SHOW and other Horse Industry Organizations to function as legal tribunals and require them to impose federally mandated penalties while denying the accused any possibility of an appeal to either the agency or a United States Court of Appeals. The new rule violates the United State Constitution, the Horse Protection Act as well as the Administrative Procedures Act.
Under the Horse Protection Act, Congress protected an accused’s due process rights by requiring that only the Secretary of Agriculture could issue civil penalties for violations of the Horse Protection Act and only after the accused was given notice of the violation and a right to a hearing before an administrative law court. The Act also specifically grants the right to appeal an Agency decision to the appropriate United States Court of Appeals. None of these constitutional protections are address by the new rule.
As private organizations, HIOs, such as SHOW, do not have the authority or expertise to interpret federal law as they would be required to do under the new scheme. HIOs do not possess subpoena power and do not have the personnel to act as investigators, judges or “court” staff. Under the new rule, HIOs are required to find a violation, prosecute the alleged violation and process any appeal within 60 days or be decertified. This 60-day requirement to issue a federally mandated suspension has been imposed despite the fact that in cases prosecuted by the USDA the average length of time between an alleged violation and the finalization of an appeal is 70 months. Further, the proposed scheme requires that HIOs submit reports to the USDA of only those decisions that overturn an alleged violation through the HIO’s appeal process. If the USDA disagrees with the decision, the HIO then faces decertification - a clear affront to judicial independence.
SHOW and other HIOs simply cannot comply with the new rule as they are unable to meet the requirements necessary to protect an accused’s statutory and constitutional due process rights and would bear an unreasonable burden of legal exposure associated with the inability to do so. As a result, SHOW and the other Plaintiffs would not be able to continue to participate in the HIO system, hindering their efforts to protect the horse.
The proposed scheme will also provide a disincentive for participants to show at events that are inspected by HIOs because of concerns surrounding the lack of due process. Consequently, more horses will be shown at events with no inspection process whatsoever. This is clearly not in the best interest of the horse and frustrates the purpose of the Horse Protection Act itself.
Walking Show Horse Industry Reform
SHOW leaders created the Tennessee Walking Show Horse Organization (TWSHO) to lead the effort to institute reforms that will protect the wellbeing of walking horses, while maintaining the integrity of the sport.
TWSHO leaders understand that the industry will not survive if those who love the walking horse, as well as the sport, do not crack down on those bad actors who are in it only for themselves. Therefore, since its creation, the organization, along with others committed to reform, has made major strides to clean up the industry and rid it of bad actors.
SHOW has adopted a new swabbing protocol that goes above and beyond the requirements of the federal government. The swabbing initiative, started on June 15, 2012, is an objective, science-based inspection initiative to swab the feet of horses in competition in order to detect substances that harm the horse or mask substances that have harmed the horse. Violators will be punished and the names of the abusers will be posted online for all the public to see. TWSHO worked with the Walking Horse Trainers’ Association to launch this swabbing program, and all four Performance Horse Industry Organizations (HIOs) have committed to participate.
The swabbing initiative is just the beginning. While in 2011 the industry was more than 98.5 percent compliant with USDA’s own federal regulations, SHOW will continue looking for ways to ensure the wellbeing of horses and protect the integrity of the sport.
Members of TWSHO have done more to reform the industry in the last three years than the USDA has done since the passage of the Horse Protection Act over forty years ago. TWSHO continues to ask the USDA to partner in its reform efforts, to no avail.
Even Congress has recognized the USDA’s Animal Plant and Health Inspection Service’s (APHIS) failure to work and communicate with the industry on these types of issues and activities. The FY 2013 Draft Agriculture Appropriations Committee Report outlines Congress’ concern that APHIS is not enforcing the Horse Protection Act (HPA) in a fair and consistent manner and, in particular, was not focused on inspecting or going after the non-HIO events and organizations. The Report states that “these non-affiliated events and organizations are in violation of HPA, and APHIS’s lack of prioritization of stopping these non-affiliated activities is of great concern to the Committee.” TWSHO supports this directive as it reflects the organization’s desire to reform the entire Walking Show Horse industry.
Maybe the above post is a ploy to postpone things until after this year’s Celebration??? I tried to edit the post to add this, for some reason couldn’t. Who are the members of TWSHO, and how many violations do they have???
is the name Walking show horse industry the new name for BIG LICK.
this is another smoke screen. its to stop the committee from making any chages to the HPA.
if Mullins really wanted to help the walking horse he’d be calling for the end of the BIG LICK.
Mullins did not have a problem hammering Cotten,so why can’t the SHOW keep up the good work Doc.
because,some of his (Mullins) buddys would have to go down.
Looks like somebody lawyered up.
Here is a quote from their Walking Horse Report announcement:
Members of TWSHO have done more to reform the industry in the last three years than the USDA has done since the passage of the Horse Protection Act over forty years ago.
This TWSHO that formed a couple weeks back does not seem to have a web presence yet. Would just love to see their member list and do an HPA violation tally.
I think the law suit pretty much shows how deep their pockets are. IOW they have the money and the intent to fight to continue with their stacks and chains and they fully intend to do so.
ANd they are gonna try to go one step further and get out from under all this DQP enforcement etc.
It is gonna get thicker and messier.
JMO
[QUOTE=walknsound;6396692]
Maybe the above post is a ploy to postpone things until after this year’s Celebration??? I tried to edit the post to add this, for some reason couldn’t.[/QUOTE]
The “industry” lost the PR battle. They lost the Administrative battle. Now has moved the fight to the U.S. District Court.
In reality, there are some real Constitutional issues, here. The entire HIO system is one of “private law enforcement.” While this is not uncommon in the Federal system it is also on the fringe of Constitutional thought.
The allegations of SHOW actions as being on the forefront of “industry reform” are laughable to those of use who’ve been around for a while, but will not be so to a Federal Judge. If they are successful then the entire HIO system could be outlawed. That means that the only inspections will be by USDA/APHIS personnel; the only sanctions will be Federal; and penalties will likely increase. Of course given the severe constraints on USDA/APHIS resources this means relatively few inspections will take place. That will leave show ring regulation to local authorities and/or show management. That’s not so good.
There’s an old saying that you have to be careful what you wish for 'cause you might get it. Many have sought “change” for the HIO based inspection system. That “change” may soon happen. That “change” may not be in the best interests of the horse.
G.
Again it is great all the information you all are finding and sharing!!
Yeah its a real rollercoaster isnt it ?
SHOW HIO cry individual constitutional rights,what about the rights of the TWH. if these folks aren’t careful they will have more at the CELEBRATION than USDA.
New York will get a break. how wide is the public right of way to the celebration grounds any way.
we are still watching folks. let the games begin.
BINGO
[QUOTE=aarpaso;6396045]
[
B]who is the skunk in the wood pile.[/B]
in 2010 David Landrum had (SHOW) rule violations (2099) covered up. by whom Mullins
so when Cotten asked about Jose’s Wine and Rose,did he (Cotten) open a can of worns that Mullins did not want opened :eek: now Cotten is bein taken down.to protect the owner and LANDRUM? that horse was in Landrum"s barn. for how long and for what reason.
Landrum has violations as far back as 1992,from the USDA.He’s as dirty as Jackie the Jerk.
How many Jackie the Jerks are out there:eek:[/QUOTE]
NAIL ON THE HEAD
[QUOTE=aarpaso;6396899]
SHOW HIO cry individual constitutional rights,what about the rights of the TWH. if these folks aren’t careful they will have more at the CELEBRATION than USDA.
New York will get a break. how wide is the public right of way to the celebration grounds any way.
we are still watching folks. let the games begin.[/QUOTE]
This is one of the most confused postings I’ve ever seen on the COTH Forum.
Maybe you want to rethink and restate your concerns.
G.
Mandatory Penalties
[QUOTE=aarpaso;6396758]
is the name Walking show horse industry the new name for BIG LICK.
this is another smoke screen. its to stop the committee from making any chages to the HPA.
if Mullins really wanted to help the walking horse he’d be calling for the end of the BIG LICK.
Mullins did not have a problem hammering Cotten,so why can’t the SHOW keep up the good work Doc.
because,some of his (Mullins) buddys would have to go down.[/QUOTE]
Department of Justice has already made the Mandatory Penalties part of the HPA. They were filed in the Registry and the USDA had a listening session to discuss what that meant for the industry. Of course the BL supporters cried and whined on the call “don’t take our horse away” but the fact that this already will be part of the HPA. YOU ARE SO RIGHT! If Mullin’s gave 2 cents for the horse he would be demanding that the chains and stacks go away. AVMA/AAEP/TVA have all come out with statements calling for the BAN on stacks and chains it’s time folks.
Not entirely implausible.
My horse was sored before I got him. I’ve had him fifteen years and even still he will cower, run away, scramble at the stall wall, try to escape in the right/wrong circumstances. Sometimes he reacts to men with loud voices, someone walking past his stall with a lunge whip, getting too close to him with a board or something similar (think trying to do a repair in a stall next to him or replace a board in his pasture too close to him).
When he goes into that panic mode all you’ve got to do is get hold of his halter and put him in the cross-ties, and you’ll see him mentally check-out; he freezes up, stands stock still and trembles a bit. One could describe as instantly going from a sheer panic to “stoic”.
When that fear response is triggered it’s nothing like when he gives off a little spook on the trail or getting a little belligerent over something he doesn’t want to do. It’s hard to describe but to someone that knows him it’s easy to see the difference between his “that scares me, or I don’t want to do that” and his “Oh dear God PLEASE don’t take me back to that part of my life” reactions.
I can totally understand where that woman is coming from as she describes her horse, my horse is the same way. And it does make handling the horse tricky, makes them unpredictable.
Guilherme
Thank you, i so appreciate your acknowledgment.
i’m sure some here understand what i’m saying without saying.
we are watching.
Today Jackie the Jerk goes to court in Fayette Co. for animal abuse charges. If anyone finds out what happened PLEASE post. Should be news coverage. I’ll be looking.
Text below, forgot some can’t see in the Tenn., without paying.
