Double Deck Arrest in Plymouth Meeting, PA - September 18, 2005

Plymouth Meeting, PA -On Sunday September 18, 2005 the Whitemarsh Police Department, WPD, stopped two double deck cattle trailers belonging to Three Hills Rodeo, Bernard, Iowa for violating the PA Horse Transport Law, Title 18, 5511(e.1). The first double deck cattle trailer had 17 horses and an undetermined number of bulls and the second double deck trailer had four horses in the nose deck, eleven on the top deck, and four more horses in the rear of the trailer, known as the `doghouse'. The bulls were on the bottom deck of the trailer. David Morehead, 50, and Matthew Delarm, 26, both of Bernard, Iowa were issued one citation each that carries a minimum fine of $50.00 and a maximum fine of $750.00, ninety days in jail, and or forfeiture of the horses involved. A second conviction under this section is a misdemeanor which would result in a permanent criminal record for anyone convicted of violating the PA Horse Transport Law a second time.

The Equine Protection Network, EPN, received a call from an alert horse owner who knowing that double deck trailers were illegal in Pennsylvania to transport horses did exactly what we are asking people to do. She looked inside the double deck trailers that were headed eastbound on the PA Turnpike. "This citizen knew to obtain the license plate and the name on the trucks. Without her information this violation would have gone unpunished", stated Christine Berry of the EPN. The EPN was able to determine who owned the double deck trailers and their likely destination. The EPN provided the information to the PA State Police and the Whitemarsh Police Department, Lafayette Hills, PA made the arrests on September 18, 2005.

The EPN has since been advised by a citizen who filed a complaint in 2004 that horses were being loaded onto double deck trailers at this very same location a year ago with no action being taken against the violator(s) to the best of their knowledge. In February the EPN, and the Large Animal Protection Society, LAPS, partnered to distribute PA Horse Transport Law cards to the public. The EPN is expanding our program of transport law cards to include, New York, Connecticut, Massachusetts, Vermont and Virginia in an effort to increase awareness and enforcement of these states' laws prohibiting the use of double deck trailers to transport any horse, no matter what its final destination. Organizations and individuals interested can participate in the Horse Transport Law Card distribution by simply creating a link to the cards on the EPN's website:

www.equineprotectionnetwork.com/legislation/EPNtransportcard.pdf

For 20 years double deck trailers rolled out of the New Holland and Middleburg, PA horse auctions headed into New York on their way to Canada. Untold thousands of horses were forced with electric cattle prods and whips into the bowels of possum belly double deck trailers in full view of people at these sales and nothing was done to inform the New York State Police, NYSP, of the weekly violations. "When I saw those double deck trailers at New Holland I refused to stand by and allow the law to be violated", stated Christine Berry, "I contacted the NYSP and provided the information on when these trucks were coming into New York and the violators were arrested and successfully prosecuted. We can successfully enforce our Horse Transport Laws, we just need the public to keep their eyes open and call the police when they see a violation." "I don't ever want to hear another double being loaded. In the darkness you may not be able to see what is happening, but you can sure hear it. The sounds of terrified horses being forced into the black interior of the trailer are not easily forgotten. You can hear them crashing, falling, and scrambling up or down the steep interior ramps and then the sounds of horses fighting for position and balance in a trailer with metal floors and ceiling heights so low that when the panicked horses raise their heads they are slammed into the 3" metal I beams supporting the top deck. You can hear their frightened whinnies."

"I loaded enough horses when I worked for a leading commercial horse transportation company to know when a horse is in trouble. What I don't understand is why so many people for 20 years never did anything to enforce the laws that were, and still are on the books making these trailers illegal." Every year horse publications have a trailer issue with articles on horse trailers, their selection, maintenance, use and methods to safely transport your horse. Trailer manufacturers are heavily advertised in these special trailer issues. In the thirty-five plus years I have been in the horse industry I have never seen a double deck trailer described or advertised to transport horses in horse publications or at any horse industry trade shows.

What the Public Can Do

In states where double deck trailers are illegal, the EPN is urging people to be alert for double deck trailers and to download a copy of the PA Horse Transport Law card from our website and carry it in your car and keep another one in your wallet. The cards provide a copy of the law and instructions on what to do if you observe a double deck trailer. If you see a double deck trailer, look inside for horse's ears or tails. It is vital to obtain the license plate of the trailer and then call police to report the violation. The location of the truck and direction it is traveling are important to provide to law enforcement. Carry a disposable camera in your car so you can photograph the truck and the trailer. The EPN is maintaining a record of sightings of double deck trailers in addition to maintaining arrests and convictions involving this illegal transport of horses.PA Transport Cards are available for download on the EPN website,

www.equineprotectionnetwork.com

Background

PA's Horse Transport Law, Title 18, 5511(e1) signed into law by Governor Tom Ridge in June of 2001and went into effect in August 2001. It is the strongest law in the United States prohibiting the transport of any horse in a vehicle with more than one level stacked on top of each other. It is often mistakenly reported that PA law is a transportation of horses to slaughter law, or is related to horse slaughter. "Not so," says Berry of the EPN. "PA law applies to all horses, no matter what their final destination." The EPN refused to allow legislation referring to 'slaughter' to pass because as Berry puts it, "there was no way the EPN was going to legitimize horse slaughter by putting legislation on the books that referred to the transport of horses to slaughter." This law is non-discriminatory - it applies to all horses. The language is simple and straightforward making it easy for law enforcement, even those unfamiliar with horses, to enforce the law. We refused to concede and allow vague and unenforceable language such as, "hold their head in a normal upright manner above their withers". Vague language requires expert testimony and invites dueling experts in court resulting in difficulty prosecuting offenders. Shortly after the law was passed in 2001 Sugarcreek Livestock and New Holland Sales Stables were both convicted on 31 counts under the PA Horse Transport Law.

The EPN sponsored the Horse Transport Bill and provided testimony, video and photographic evidence demonstrating the continued use of inhumane double deck cattle trailers to transport horses from PA horse auctions to slaughter for human consumption. The EPN also provided written support from PA and national horse organizations for our efforts to pass this legislation. Thousands of individuals also sent written support of the EPN's efforts to the PA legislature. The EPN pressed for a law that applied to ALL horses, not just slaughter bound, ensuring the successful prosecution of offenders. The EPN supported language that was engineering based, (specific) instead of performance based language, (vague). According to the United States Department of Agriculture, USDA, horses frequently sustain injuries due to the steep inclines of double deck loading ramps and the USDA does not believe that equines can be safely and humanely transported in trailers with two levels stacked on top of each other.
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Victory in the U.S. House of Representatives! House Votes to Save Americas Horses, On to the Senate!

"If given the chance tomorrow, Americans would overwhelmingly vote to outlaw horse slaughter. On June 8th, 2005 the United States House of Representatives gave Americans their voice when they overwhelmingly voted 269-158 to prohibit the use of public money for horse slaughter", stated Christine Berry of the Equine Protection Network

The Sweeney-Spratt amendment will remove federal funding for the inspection of horsemeat at the 3 U.S. horse slaughterhouses and inspection at the border for horses being exported to Canada and Mexico for slaughter. Passage of a companion bill by the Senate and then President Bush's signature would effectively shut down horse slaughter in the United States for one year starting October 1, 2005 the beginning of the fiscal year, until H.R. 503, the Horse Slaughter Prevention Act can be passed.

Congressman Whitfield from Kentucky stated, "Today the horse slaughter issue was finally considered in the open, not behind closed doors. The vote was a major victory and shows the overwhelming support in Congress to end this brutal practice. The amazing outpouring of public support helped to make this possible and I thank everyone who supported our efforts today."

The links to the Congressional Record of the House debate can be read on the EPN website.

Thank you to all who have made calls to your Congressman. Now is the time to thank them and urge them to support H.R. 503. Contact your Senators and inform them of your views on horse slaughter. Include the Polls & Facts from our website.

Use our letter as an example to write your own letter:

EPN Letter Urging Support of H.R. 503

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Read the debate to Save Americas Horses on the Floor of the U.S.House from the Congressional Record & learn how your Congressman voted!

The issue of horse slaughter is one of disposal of unwanted horses, just as we do not slaughter unwanted dogs and cats for human consumption, nor should we slaughter American horses for human consumption. The pro slaughter forces often ask, “Who is going to pay for these unwanted horses to be euthanised?” The answer is simple – their owners. It is owners’ responsibility to cover the cost of euthanasia and disposal. Just as we cannot use decompression chambers or drowning to dispose of unwanted dogs and cats, it must be illegal to slaughter unwanted horses for human consumption. This issue is not about providing homes for all the unwanted horses, it is about the method of disposal. Slaughter using a 4” nail to the head and throat cutting, versus euthanasia via lethal injection.

FACTS:

• Since 1995 poll after poll show Americans want horse slaughter banned. Horse Slaughter Polls

• As of 5/21/05 33,489 American horses have been slaughtered, including 41 American mustangs. Between 1980 and May 21, 2005, your tax-dollars were used to pay for the USDA inspection of 4,007,645 American horses brutally slaughtered in foreign owned slaughterhouses located in the United States . Between 1990 and 2000, 500,000 American horses exported to Canada for slaughter. Horse Slaughter Stats

• Americans do NOT eat horses. This is a cultural issue and culture shapes our laws.

• Horses are NOT raised, nor are they taxed as food and fiber animals in the U.S. Americans view horses as sport, recreation, and pleasure animals, not their next T-bone steak.

• Products used on our horses have NOT been tested by the FDA for use in horses intended for food. Products used on horses carry the warning label, "Not for use on horses intended for food."

• The largest horse state, & the leading agricultural state in the country, California , made it a felony to slaughter a horse in 1998 when over 60% (5 million) of California voters, ‘Just Said Neigh to Horse Slaughter’. The passage of Prop 6 did NOT change the status of horses from livestock to companion animal, nor did the number of horse abuse cases rise according to Carolyn Stull of UC Davis. Save The Horses Campaign

Disposal options include: Burial, Cremation, Landfill, Rendering, all of which are available to owners in the United States . The issue of groundwater contamination is nothing more than a smokescreen thrown up by the pro slaughter forces who want to continue with the Breed 'Em, Trash 'Em, Can 'Em" attitude. As the demand for a service increases, the service industry will rise to meet the demand.

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Equine Protection Network and Large Animal Protection Society Team Up to Distribute PA Horse Transport Cards

February 20, 2005

"The first step was passing the law, now we need to make sure the law is enforced ", stated Christine Berry of the Equine Protection Network. "Law enforcement depends on citizen complaints of criminal activity. By providing the public with these cards to be carried in their cars we are providing people with a copy of the law and what to do if they see a double decker in Pennsylvania carrying horses."

PA's Horse Transport Law, Title 18, 5511(e1) signed into law by Governor Tom Ridge in 2001 is the strongest law in the United States prohibiting the transport of any horse in a vehicle with more than one level stacked on top of each other. It is often mistakenly reported that PA law is a transportation of horses to slaughter law, or is related to horse slaughter. "Not so," says Christine Berry of the EPN. "PA law applies to all horses, no matter what their final destination." The language is simple and straightforward making it easy for law enforcement, even those unfamiliar with horses, to enforce the law. No expert witnesses are needed to testify to what is "in a normal upright manner above their withers". Law enforcement does not need to determine the destination of the horses.

The EPN refused to allow legislation referring to 'slaughter' to pass because as Berry puts it ,"there was no way the EPN was going to legitimize horse slaughter by putting legislation on the books that referred to the transport of horses to slaughter."

JoAnne Mauger of the LAPS stated,"For the law to be successful the public must participate."

"We know double deckers are still being used to transport horses in PA as we have received reports of sightings in various parts of the state. We hope by providing these cards to the public these sightings will no longer go unreported to law enforcement.

Shortly after the law was passed in 2001 Sugarcreek Livestock and New Holland Sales Stables were both convicted on 31 counts under the PA Horse Transport Law.

PA Horse Transport Cards will be available at the EPN's booth at the Horse World Expo held at the Farm Show Complex in Harrisburg, PA, February 25th through February 27, 2005. PA Horse Transport Cards are also available for download on the EPN website. The EPN recommends using cardstock to print the cards. The cards are double sided.

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Bill Introduced to Make Transport of Horse to Slaughter Illegal

February 1, 2005

On February 1, 2005, Rep John Sweeney from NY, co-chair of the Congressional Horse Caucus, introduced HR 503 in the 109th Congress which would prevent the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes. HR 503 amends the Horse Protection Act. The bill has 21 co-sponsors as of 2/10/05, including Congressman Pitts from PA.

HoofPAC's Cathleen Doyle, who ran the successful 1998 Save The Horse's Campaign which resulted in the passage of California 's Prop 6, making it a felony to slaughter a California horse, consulted with co-sponsor Ed Whitfield from KY last fall when it became obvious that HR 857 was dead. The current language for the American Horse Slaughter Prevention Act is a result of that meeting. HR 503 has been referred to the House Committee on Energy & Commerce.

California 's Prop 6 was supported by the California State Horsemen's Association, the country's largest and oldest state horse association, the racing industry, law enforcement, and other member of the horse industry and received over 61% of the vote. California is significant in that its number one industry is Agriculture and it has the largest horse population in the country. Prop 6 also set a precedent with the strongest (felony) animal protection penalty on the books in the State of California .

HR 503, unlike HR 857 does not have any provisions for federal funds for horse rescue operations, a point that was opposed by many in the horse industry.

HR 503 has the support of Thoroughbred Racing, and horse and animal welfare organizations. HR 503 is opposed by many state horse councils, the veterinarian organizations and of course the food producing industry that use the slippery slope argument as their basis for opposing the legislation.

 The status of this bill can be monitored .

Horses in the United States are not raised for food and fiber, nor are they taxed as such. In many states, including 2 of the largest horse states in the country, products purchased for horses, including feed, are subject to sales tax. Horses do not receive the same tax benefits as other food and fiber producing animals.

Nor have any of the products used on horses been tested for food safety withdrawal times. All products carry the warning, "Not intended for use on horses intended for food."

"No American horse-not even our old, lame, slow, untamed, or unwanted ones-should be so cruelly betrayed for 40 pieces of silver..."

Cathleen Doyle

HoofPAC, Save The Horses, California Equine Council

Contact your Congressman and ask them to co-sponsor or support HR 503. Contact information can be found in your phonebook in the Government Section under United States Government or online at: Vote Smart

Bill Introduced to Restore Protection to Wild Horses

January 25, 2005

December 7, 2004

December 7^th 2004 is a day that will again live in infamy for American horses. First in 2002 it was the signing of the Commercial Transportation of Horse to Slaughter Act which legalized the transport of horses 28 hours with no food, no water, & no rest, and put the very people identified as the abusers, and in many cases convicted of abuse to horses in charge of the horse’s welfare. 

Now in 2004 President George W. Bush has removed America’s wild horses of long-standing legal protections that prevented them from being sold off, slaughtered and shipped overseas to meet a foreign demand for horsemeat. Bush signed the Omnibus Appropriations Bill with a rider slipped in by Montana Senator Conrad Burns, (R) that mandates that any excess horse or burro be sold “without limitation” to the highest bidder “if the animal is more than 10 years of age” or “has been offered unsuccessfully for adoption at least 3 times.” According to the Associated Press, the Bush plan, spearheaded by Burns -- longtime proponent for Big Cattle interests -- sets a production goal of up to 20,000 wild horse corpses in the coming year.

At the same time in a macabre joke, Congress declared December 13^th "National Day of the Horse" celebrating the horse’s "vital contribution" to our American culture. Congress also stated that horses “deserve protection and compassion.” Lip service to the 10,000 mustangs that are about to be auctioned off to the highest bidder likely destination a foreign owned slaughterhouse via a double deck cattle trailer.

America’s wild horses have been federally protected against slaughter since 1971 when the Wild, Free Roaming Horse & Burro Act was signed into law by then President Richard M. Nixon. According to the Humane Society of the United States, this issue resulted in more mail from an aroused public to Congress than any other issue except Vietnam. Senator Henry Jackson counted 14,000 letters on the subject, 9,000 from children. Velma Johnston, AKA, “Wild Horse Annie” is credited with pushing the legislation through Congress. She was the subject of Marguerite Henry’s children’s book, “Mustang”. One can only think that Wild Horse Annie is rearing & bucking in her grave at Bush’s actions.

America’s wild horses are one of our last remaining symbols of pure freedom, running free on land owned by the American Public, and now President Bush has authorized the mass slaughter of over 10,000 American Mustangs currently in holding pens and thousands more yet to be rounded up, to the delight of the National Cattleman’s Association. The ranchers have detested the wild horses for as long as they have competed with their cattle and sheep for grass and water. In the early 1900’s there were almost 2 million wild horses, by 1971 their numbers had been decimated by hunting and slaughter till less than 1 % were left. Wild Horse Annie described following trucks dripping blood, horses with their eyes shot out, nostrils wired shut so they could not run, roped with ropes attached to heavy tires to slow them down & wear them out so they could be captured & butchered.

The slaughter of the American Bison has been followed by the slaughter of America’s Wild Horses.

According to an article in the Moscow Times,

 “The 50,000 remaining wild horses roam on federal land -- land held in common by the American people. Big-time ranchers also use this land to graze millions of their privately owned cattle. Able to buy and sell politicians like so much prime stock, the wealthy ranchers have rigged a long-running sweetheart deal that gives them access to this common pasturage at bargain prices: less than one-tenth of the going market rate for private grazing land. The result is an effective annual subsidy of more than $500 million to some of the richest men in America, The Philadelphia Inquirer reports.”

Currently less than 3% of the beef eaten in the United States is from cattle grazed on public lands, at a minimum cost to the taxpayer of $128 million a year according to a 2002 report commissioned by the Center for Biological Diversity.

The Cattlemen’s argument is that the $50 million spent annually to operate the wild horse program is too much money for wild horses, yet that is just a fraction of what The Cattlemen receive in subsidies. A minute increase in grazing fees could cover the wild horse program for decades. Privately owned cattle outnumber wild horses on federal lands by 50 – 1.

Action You Can Take!

So what can you do? Call & write your United States Congressmen & your two United States Senators urging them to pass legislation immediately restoring protection to America’s Wild Horses & Free Roaming Burros from slaughter. Urge your families, friends, co-workers & employers to do the same. Join together with your co-workers and urge your employer to send a letter on company letterhead. Contact organizations that you are a member of and urge them to do the same. Please, please, do not waste your time with petitions. Politicians ignore petitions unless it will get them free publicity on T.V. with an innocent child who has labored to collect signatures. Your time & energy is better spent gathering the support of corporations & organizations that contribute to the political machine, as does the National Cattleman’s Association. Politicians listen to those who have donated money to their campaigns.

Remember, next time you consume a product from a member of the National Cattleman's Association, you are helping to fund the destruction of America's Wild Horses.

If you can locate a copy of “America’s Last Wild Horses” by Hope Ryden do so, it is a great source of information on America’s Wild Horses. The 30^th Anniversary Edition is available at:  http://www.hoperyden.com/

EPN Launches National Billboard Campaign to Save America's Horses

Friedensburg, PA – On October 15, 2003 the Equine Protection Network (EPN) kicked off a national horse slaughter awareness campaign in both Pennsylvania, Illinois, and Indiana with billboards proclaiming, “Keep America’s Horses in the Stable and off the Table!” The EPN also has launched a new website, SaveAmericasHorses.com to educate Americans about horse slaughter and to tell Americans how they can Save America’s Horses from becoming an expensive steak dinner for the French, Belgians, and Japanese.

"Research polls show that most Americans are not aware that horses are slaughtered for people to eat, but if given the chance they would overwhelmingly vote to outlaw horse slaughter”, states Christine Berry, founder of the Equine Protection Network, a Schuylkill County, PA based horse welfare organization. “It is our intent to raise awareness of horse slaughter through our billboard campaign. There are horses going to slaughter right now that could have been saved simply if their owners made the responsible decision to humanely euthanise them instead of selling or giving away their unwanted horse," says Berry. The issue is one of culture, not animal rights (as Americans do not eat horsemeat), but no horse is immune from the horrors of the collection, transport, and actual slaughter; this was demonstrated by the fate of 1986 Kentucky Derby winner Ferdinand, who faced the ultimate betrayal in a Japanese slaughterhouse in 2002. More

September 30, 2003

PA Horse Dealer Convicted of Horse Cruelty

Lewis "Dink" Fisher of McVeytown, PA pled guilty to cruelty to horses and failure to maintain records in Kylertown District Court on September 29, 2003. The charges were filed by the PA State Police after an investigation of the Parsonville Horse Auction in Clearfield County, PA. District Justice Rudella fined Fisher $100.00 on each count and $63.00 in court costs for a total of $263.00.

Fisher pled guilty to failure to provide clean and sanitary shelter to two horses that were maintained at the auction barn for a month. The stalls at the auction were filled with manure and mud.

Fisher failed to maintain any records of the animals at the auction as required under PA law. Horses sold through the auction did not receive any backtags and purchasers could not obtain receipts. The PA State Police requested records on two of the horses consigned to the Parsonville Horse Auction and Fisher stated that no such records existed. Fisher later testified under oath at Robert Keilman's hearing for cruelty to horses that no records existed and never had. Keilman was also convicted of cruelty to horses. The Parsonville Horse Auction has since closed and is no longer in operation.

Keilman Hearing

In September of 2002 the EPN was contacted regarding the sale of horses that were either lame or debilitated at the Parsonville Horse Auction in Clearfield County, PA. Lewis "Dink" Fisher operates the auction. The complainants had contacted the local SPCAs, the PA SPCA and the Department of Agriculture all to no avail.

The EPN worked with the complainant and the PA State Police, PSP, on the ensuing investigation at the Parsonville Horse Auction. On October 5, 2002 the EPN attended the Parsonville Horse Auction with the PA State Police. The PSP and the EPN both observed 2 horses that were less than a 3 on the Henneke Body Scoring Condition Chart. One horse was obviously lame behind and the other had diarrhea. Both horses were saddled and in the sale barn.

Title 18 § 5511. Cruelty to animals

(c) Cruelty to animals.--A person commits a summary offense if he wantonly or cruelly illtreats, overloads, beats, otherwise abuses any animal, or neglects any animal as to which he has a duty of care, whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal's body heat and keep it dry. This subsection shall not apply to activity undertaken in normal agricultural operation.