WASHINGTON, DC – After a long drawn out process, which included the “minimum penalties” regulation being delayed almost a year while awaiting final approval by U. S. Secretary of Agriculture Tom Vilsack, the Federal Regulation known as the “minimum penalties” to the Horse Protection Act was approved on July 9, 2012.
Then the David L. Howard‘s Celebration’s S.H.O.W. HIO, and Howard’s operative Mike McGartland of Fort Worth, Texas sued the United States Department of Agriculture in U.S. District Court in Fort Worth, Texas challenging the constitutionality and legality of the “minimum penalties” HPA Federal Regulation.
When S.H.O.W. HIO defiantly refused to submit an amended rulebook which included the “minimum penalties”, the USDA notified the HIO it was being decertified.
USDA APHIS ADMINISTRATOR CHESTER GIPSON, DVM AUGUST 1, 2012 LETTER NOTIFYING SHOW HIO OF DECERTIFICATION
Then the USDA decertification of S.H.O.W. HIO was put on hold until a ruling on the merits by the U. S. District Court.
U. S. District Judge Terry Means upheld the “minimum penalties” in a Summary Judgment against David L. Howard’s Celebration’s S.H.O.W., HIO, and Contender Farms owned by Mike and Lee McGartland on July 29, 2013.
On August 19, 2013, Celebration officials David L. Howard and John T. Bobo travelled to Washington, DC, and met with APHIS Administrator Chester Gipson, DVM, and agreed to implement, assess and enforce the “minimum penalties” at the 2013 Celebration.
So far, there is no evidence that S.H.O.W. HIO has assessed and enforced the “minimum penalties” against the 139 persons charged with violating the Horse Protection Act. Following the 2013 Celebration, S.H.O.W., HIO refused to upload the 139 HPA violations assessed from June 2012 to September 13, 2013 to the USDA HPA database. The “minimum penalties” would apply to these violations written by the SHOW HIO DQPs.
So far, APHIS Administrator Kevin Shea has not provided a satisfactory answer why the 139 SHOW HIO violations have not been uploaded to the USDA HPA database. The public has a right to see those violations. Other HIOs should have access to them in order to prevent persons on suspension from showing at shows affiliated with other HIOs.
On January 9, 2014, after substantial public criticism, USDA APHIS Administrator Kevin Shea filed Complaint decertifying S.H.O.W., HIO.
The USDA Complaint was not made public until www.billygoboy.com obtained a copy and published it. There are ongoing, yet unanswered questions, regarding Administrators Kevin Shea and Chester Gipson, DVM handling of matters with David L. Howard’s Celebration’s S.H.O.W. HIO. One mysterious item was the Independent Inspection Services, LLC HIO application submitted to Kevin Shea. It appeared the former Celebration CEO Doyle Meadows was the Chairman of this entity, and Lee McGartland was the attorney submitting it. Lee McGartland’s Contender Farms sued the USDA, and she is also a PSHA Board member. PSHA supported the NEW HIO application, and it all seemed to be a cozy deal until www.billygoboy.com and friends broke up the plan and the party.
The mysterious HIO application is especially interesting considering the apparent reluctance by Celebration Chairman David L. Howard to enforce and assess the “minimum penalties”. It begs the question if David L. Howard’s intention all along was get Kevin Shea to approve the NEW HIO, and then not contest the decertification of S.H.O.W. HIO and all the attendant “minimum penalties” would be wiped out, and all the Trainer BOYZ would start with fresh slates. If David L. Howard is forced to enforce and assess the “minimum penalties” as he and John T. Bobo agreed to do, it will have a significant effect on the Trainer BOYZ, and will most likely affect The Walking Horse Report advertising sales that nourishes David L. Howard’s Cash Cow:
USDA COMPLAINT DECERTIFYING S.H.O.W. HIO FILED ON JANUARY 9, 2014
On February 27, 2014, SHOW, Inc a/k/a S.H.O.W. HIO filed its Answer contesting that it received proper notice of decertification and asking for a Hearing on the merits.
SHOW, Inc. ANSWER TO USDA COMPLAINT TO DECERTIFY
Informed sources believe that Administrator Gipson’s letter meets the notice requirements, and that the Administrative Law Judge will soon set a Hearing Date.
Meanwhile there is the unresolved matter of the 139 HPA violations which have not been uploaded to the USDA HPA database.