TIMELINE ON THE MANDATORY “MINIMUM PENALTIES”
U. S. Secretary of Agriculture Tom Vilsack signed the Mandatory “Minimum Penalties” in March 2012, after they had been stuck in his department for over a year.
The Mandatory “Minimum Penalties”, were published in the Federal Register, then became part of the HPA (Horse Protection Act).
All HIOS (Horse Industry Organizations) were notified by Horse Protection Coordinator Rachel Cezar, DVM, of the Mandatory “Minimum Penalties” on March 14, 2012.
SHOW HIO was required to put the Mandatory “Minimum Penalties” in its Rulebook.
SHOW HIO refused to put the Mandatory “Minimum Penalties” in its Rulebook.
“Herr” Howard and his bunch said sue the USDA.
On June 26, 2012, SHOW HIO sued the USDA to stop implementation of the Mandatory “Minimum Penalties”. SHOW HIO and Mike McGartland said the Mandatory “Minimum Penalties” were unconsitutional, and “Herr” Howard’s crowd was doing a great job of cleaning up soreing.
U. S. District Judge Terry Means was assigned as Judge to hear the case.
SHOW HIO & one of “Herr’s” guys Mike McGartland, asked for Temporary Restraining Order, and Judge Means said NO.
SHOW HIO & Mike McGartland asked for an Injunction, and Judge Means said NO.
Judge Means said, “Let’s have a trial”.
SHOW HIO and McGartland didn’t want any part of a trial, so they didn’t take Judge Means up on that offer. So a bunch of lawyer paperwork was filed.
Judge Means looked at it the whole pile of stuff, and said, “All In, All Done”.
On July 29, 2013, Judge Means ruled, “Summary Judgment For USDA”.
The Mandatory “Minimum Penalties” are consitutional ““ so get on with the Show (no pun intended).
Summary Judgment is a real big deal ““ it closes a lot of doors on appeals.
You get in real big trouble if you don’t obey a Federal Judge’s order.
SHOW HIO must NOW enforce the Mandatory “Minimum Penalties”.
NOW means NOW.
He’s a Federal Judge, remember?
Here is a synopsis of the Mandatory “Minimum Penalties”:
1. 1st OFFENSE ““ 2 WEEK SUSPENSION – NO SHOW
2. 2nd OFFENSE ““ 60 DAYS SUSPENSION – NO SHOW
3. 3RD OFFENSE ““ 1 YEAR SUSPENSION – NO SHOW
4. 4TH & SUBSEQUENT OFFENSE – 1 YEAR SUSPENSION – NO SHOW
TWO FOOTER (BILATERAL SORE)
1. 1st OFFENSE ““ 1 YEAR SUSPENSION – NO SHOW
2. 2nd OFFENSE ““ 2 YEAR SUSPENSION – NO SHOW
3. 3RD OFFENSE ““ 4 YEAR SUSPENSION – NO SHOW
4. 4TH OFFENSE – 4 YEAR SUSPENSION – NO SHOW
ONE FOOTER (UNILATERAL SORE)
1. 1st OFFENSE ““ 60 DAYS – NO SHOW
2. 2nd OFFENSE ““ 120 DAYS – NO SHOW
3. 3RD OFFENSE ““ 1 YEAR – NO SHOW
4. 4TH OFFENSE – 1 YEAR – NO SHOW
And something else noteworthy:
For any violation of the HPA which requires a suspension, the following persons will be suspended:
If the offense is bilateral sore ““ you can add the Transporter to the list.
So on August 24, 2013, say your horse gets a Scar Rule violation.
That means the Owner, the Trainer are OUT for the rest of the Celebration.
There’s only one person to blame for all this.
“HERR” DAVID L. HOWARD AND HIS FELLOW ROOSTERS
“¨(left to right) Mike McGartland, Frank Eichler, Jeffrey “Young Herr” Howard, “Herr” David L. Howard, Mike Inman, Duke Thorson, Terry Dotson, Rep. Andy Gipson. Rollie Beard, Randall Baskin
DID THIS MAN BRING YOU MANDATORY “MINIMUM PENALTIES” FOR THE CELEBRATION?
This story is developing and will be updated.