WHY THE TENNESSEE WALKING HORSE NEEDS IMMEDIATE SUPPORT
It is clear and definite: the industry will be subject to proposed rulemaking, which rules will be advanced in July 2016. The substance of the rule is expected to be similar to or perhaps identical to the versions of the Past Act we have seen. These proposed changes are for the abolition of action devices and pads in the show ring or any exhibition; the abolition of the HIO system; the end of weighted shoes; and the enhancement of various penalties. From the standpoint of the proponents of this rule, this rule must be in place before the election. It will be preceded by a commentary period which may or may not be extended, and likely will have little influence on the rule itself. The Tennessee Walking Horse Industry reaction should be to prepare a court challenge to the rule as arbitrary and irrational, as the rule has no logical connection to the intent of the Horse Protection Act (HPA). The estimated MINIMUM cost of this defense is $500,000. A separate group is preparing materials and engaging attorneys; those who wish to preserve and protect the Tennessee Walking Performance Horse are tasked with fundraising for this cause.
WHAT IS RULEMAKING AND WHAT ARE THE EFFECTS?
According to the Congressional Research Service “Congress often grants rulemaking authority to federal agencies to implement statutory programs. The regulations issued by this authority carry the force and effect of law and can have substantial implications for policy implementation.” Agencies must follow a certain set of procedures prescribed in law and executive orders. Those procedures include the agency developing a draft proposed rule that it first sends to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA). OIRA reviews the proposed rule and sends the rule back to the agency with any changes. At this point under the Administrative Procedures Act (APA), the agency must publish the proposed rule in the Federal Register. The notice must provide (1) the time, place, and nature of the rulemaking proceedings; (2) a reference to the legal authority under which the rule(s) is proposed; and (3) either the terms or subject of the proposed rule. The agency must then allow all “interested persons or parties an opportunity” to comment on the proposed rule. Typically, an agency will provide at least 30 days for public commentary. The agency is required to review those public comments and can make changes to the rule based on those comments. Once the process is complete, the agency must publish the final rule in the Federal Register. The rule may not go into effect until at least 30 days after it is published in the Federal Register, with certain exceptions. The proposed rule, which has not been made public at this point in time, would amend the HPA. According to Wayne Pacelle at the Humane Society of the United States (HSUS), the rule would strengthen the enforcement of the HPA. HSUS has pushed APHIS to implement the PAST Act through rulemaking since it has been ineffective in getting the PAST Act through Congress. If the proposed “rule” follows the PAST Act, we as an industry anticipate that self-regulation would be eliminated, turning all enforcement over to the USDA; all weighted shoes, pads, and action devices would be eliminated as well. This rule would effectively eliminate the show horse in the Tennessee Walking Horse industry!
ANTICIPATED TIMELINE OF RULEMAKING
Proposed Rule Published—July 2016
Public Comment Period – Typically Thirty (30) days to sixty (60) days
End to Comment Period—Expected to be September 2016
In effect—As early as September/October 2016
Industry lobbyist believe there is a push by HSUS/USDA/APHIS to have this rule in place prior to the November 2016 elections, as it is extremely difficult to withdraw a “rule” once a Presidential election has passed.
We could effectively be out of the horse show business by October 2016 if this is not stopped!
WHO SHOULD JOIN THE FIGHT?
While the rule may or will be addressed to the Walking and Racking breeds, other breeds that utilize action devices, pads and/or weight shoes, such as Saddlebreds, Hackneys, etc., have the strong potential of being affected as well. Flat shod Tennessee Walking Horse enthusiasts will most certainly be affected, as there will be an elimination of weighted shoes. We ask that all interested and potentially affected groups join in our fight and support the legal fund financially!
ALL SHOW RING ENTHUSIASTS!
RECENT VICTORIES FOR OUR INDUSTRY
As an industry, we had recent legal victories and these have helped to build momentum! The Contender Farms case, which challenged the legality of mandatory penalties, was successful and helped point out the overreach by the USDA. The McSwain “Honors” injunction also showed that inspections may be unfair, and that the due process allowed to all American Citizens is flawed when it comes to the USDA/APHIS interpretation of the Horse protection amendment. Kentucky Congressman Hal Rogers (R-KY) has publically expressed his disappointment in APHIS’ lack of constructive communication with the Tennessee Walking Horse industry. The industry is currently in litigation with USDA in regards to the misleading and inappropriate publication of the names of owners, trainers and horses for non-HPA violations.
HOW TO GIVE
The foundation for the Advancement and Support of the Tennessee Walking Show Horse (FAST) has a long standing history of preserving, promoting and protecting the Tennessee Walking Show Horse. By making your donation through FAST, you have peace of mind knowing that your donation will be administered through a fiscally sound group! Please utilize the tax deductible pledge form located in this ad or make your donation directly through the FAST website: www.fastwalkingshowhorse.org Please be sure to mark all donations “Industry Legal Fund” If you would like to make donations in some other manner, please contact Tom Kakassy at (704) 460-3023 or tom@kakassylaw.com or Senator Robin Webb at (606) 923-0183 or rwebb@classiconline.net

IF 500 PEOPLE GIVE ONE MONTHS TRAINING, OR MORE, OUR GOAL WILL BE MET QUICKLY!
PLEASE GIVE TODAY-THE FUTURE DEPENDS ON YOU!

Sources Of Information:
Industry Legal Defense Fund
Email: IndustryLawsuitFundraising@Outlook.com
Performance Show Horse Association (PSHA)
www.psha1.com
Foundation for the Advancement and Support of the Tennessee Walking Show Horse
www.fastwalkingshowhorse.com
Tennessee Walking Horse Breeders & Exhibitors Association
www.twhbea.com