7/7/07

Judge Upholds Ban On Horse Slaughter

July 7, 2007

A US District Court Judge has denied Cavel International's attempt to declare a recently enacted Illinois law making it a crime to slaughter horses for human consumption unconstitutional.

US District Court Judge Frederick Kapala rendered the decision on Thursday against Cavel International, the last remaining horse slaughter plant in the US.

On May 25, 2007, Cavel had filed suit in federal court challenging the enforceability of Illinois' law banning horse slaughter. In early June, Judge Kapala granted Cavel a temporary restraining order, preventing the state from prosecuting the slaughterhouse under the law. He subsequently extended that protection for 10 business days but then denied any further injunctive relief to Cavel on June 25, 2007. Judge Kapala did not believe he had jurisdiction to make any further determinations on the merits of this case due to an appeal pending in the US Court of Appeals for the 7th Circuit. However, on July 3rd, the 7th Circuit ordered Judge Kapala to proceed on Cavel's request for further injunctive relief and with a final decision on the merits of the case.

Judge Kapala analyzed Cavel's arguments that the Illinois state law is preempted by the Federal Meat Inspection Act, a violation of the Commerce Clause, and a violation of the state's police power. In rendering his decision against Cavel he found that the slaughterhouse "failed to demonstrate any constitutional infirmity" in the state law.

"We are very pleased to have a federal court ruling that upholds the constitutionality of Illinois' state law banning horse slaughter," said Tracy Silverman, an attorney with the Animal Welfare Institute (AWI). "This decision is one more important victory on the road to banning horse slaughter in America once and for all."

Attorneys for Cavel International may appeal the decision to the Court of Appeals. However, the ruling means that the doors remain shut on the slaughter plant, sparing the lives of thousands of America's horses.

AWI is being represented in this matter by the nationally renowned law firm of Patton Boggs.

The Animal Welfare Institute, founded in 1951, is a non-profit organization dedicated to reducing the sum total of pain and fear inflicted on animals by humans. AWI's legislative division, the Society for Animal Protective Legislation (SAPL), is leading the national campaign to end horse slaughter and advocating passage of the American Horse Slaughter Prevention Act.

For more information:

Horse slaughter in the news

Animal Welfare Institute
Society for Animal Protective Legislation (SAPL)


7/3/07

Saddle Time

Since my last post Indy and I have had three rides of about 20 minutes apiece. What is the main thing I have learned from these rides? That I'm much more out of shape than he is.

The Aussie saddle I'm using weighs about 26 lbs. That's the same weight as the saddle I used on DJ for almost 20 years. DJ was something like 2-3 inches taller than Indy, and I had no problem lifting the saddle onto his back. Now, I struggle and push and sort of slide the saddle up Indy's back instead of lifting it up as setting it straight down as I always did before. SHEESH!

My first saddle - 1978 - weighed 36 lbs! I guess I couldn't even pick that one off the ground these days. Have I gotten soft of what? Of course I am older...

We had a couple of interesting things happen on these rides - mostly concerning my efforts to find a way to make the saddle stay put without having to girth so tight. On the first of the three rides under discussion, when I dismounted to quit I decided to see if I could get back on if the girth were just one notch looser. The answer is NO. When I put my weight in the stirrup, the saddle turned a full 90 degrees.

So here we are, the saddle is now on Indy's side, and he's looking at me with a "What the heck?" look on his face. Fortunately, he decided it was just one more thing that goofy humans do, and he stood quietly while I struggled to hold the heavy saddle up with one hand - lest it slide completely under his belly - while trying to loosen the girth enough so I could boost the saddle up on his back with the other. I thought for a few minutes that I was going to have to call for help. The saddle wouldn't budge without the girth being looser, and the girth strap was almost out of my reach and didn't want to give an inch either. Finally I managed to loosen the strap and get the saddle on his back again. I also assured Indy that he was indeed a good boy!

I've often heard about people with round backed horses using the rubberized mesh non-slip shelf liners under their saddle pads to prevent slipping. It always seemed to me that wrinkling would be a problem with such thin material, but what the heck, it's cheap and I decided to give it a try.

It does make quite a difference, and since I ride an Aussie saddle with a fitted pad, I tied the thin liner to the straps at the front and back of the pad. This keeps the stuff from wrinkling much - enough, I hope. We're still in the testing stage with this stuff. I'm not sure Indy likes the feel of it next to his back as well as he likes the sheepskin. We shall see. It's up to him of course....

6/20/07

Making Hay While The Sun Shines

I've had a busy few days since my last post. I did get to ride the next day as I'd hoped, and Indy and I had a very nice 15 minutes. I know that doesn't seem very long, but, despite the time I've had him, he's still quite green, and I don't want to push him and make his back sore or something. We had worked up to 30 minutes, but that was last year - when it started raining and didn't stop.

Last Sunday we spent the day getting our hay in. The weatherman said there was a chance of rain on Monday, and we knew we'd be sure to get a gully washer if our hay wasn't safely inside the barn. That's just the way it works.

We bale the hay on the upper 9 acres. Mike and I don't bale the hay - we have a guy who has the equipment do it. Sheeh! The investment in equipment just to do nine acres - well, let's just say it would be impractical! Not only that, square bales - which are best for horses - are a lot of work! As the hay comes out of the binder, the bales have to be stacked on the wagon. When the wagon is full, you have to off load the bales into the barn - then do it all over again until the field is finished. Those bales weigh in at about 50 lbs. Now that's work.

I used to at least be able to help stack the bales in the barn, but since I've had my hip replaced I'm absolutely forbidden to lift that much weight. Besides, this time we had so many barn kittens I had my hands full - literally - keeping them from getting squashed by a bale being tossed off the wagon. Most of the cats hid, but some little kittens are too curious for their own good.

Monday and Tuesday were extremely hot and humid, so I didn't even try to ride - by mutual consent between Indy and me. We were supposed to get some rain Monday night and Tuesday morning, and we did get a bit. Not nearly enough though. We've had very little rain this month, and things are beginning to look pretty dry. They're already saying hay is going to be tight this year. Thank goodness we have ours in!!

I rode for another 15 minutes this afternoon, as it was much cooler, and Indy and I had a fine time. He's getting more responsive by the day, and he seems perfectly relaxed and content while under saddle. He's also extremely gentle and sweet. Good boy!

We're supposed to have a 30% chance of rain tomorrow and the next day. I sure hope it comes about. We really do need it, even though I personally would like to ride... But then, that's always the case!

6/15/07

An Actual RIDE!

Wow! I can hardly believe it - I actually got a ride in yesterday. It's been almost a year, and it sure felt good to be back up.

Even though Indy's still so green, he hadn't forgotten a thing, and we picked up right where we stopped last fall when it started raining, and raining, and raining, and raining...

We rode in the small paddock for the first time, and it worked out OK. When I get ready to ride Indy out into the larger pasture, we can just go out the new gate and we won't have to worry about Ami trying to follow us. She's not going to like it no matter how I handle it. She didn't like us riding in the paddock, and she could see us the entire time. LOL! Ami is so worried about Indy leaving her. I'm going to take it very easy and stay in sight until she learns to accept it like she did with DJ. Poor girl, she was so traumatized when we lost DJ - but then, so was I...

It was very hot yesterday, so I kept the ride to 15 minutes - for both our sakes! I hope to ride again this afternoon for about the same length of time. It may be a few degrees cooler. I hope so. Actually, the heat and sun bother me a lot more than the do Indy. But, his back is still not accustomed to wearing a saddle for long periods of time, and the very last thing I want to do is make him sore.

It was so wonderful to be riding again. I'm keeping my fingers crossed for this afternoon too.

6/11/07

More On Horse Slaughter

Rescue operation buys 32 horses from Cavel - International horse news; equestrian event news, equine news - Horsetalk

Rescue operation buys 32 horses from Cavel

June 11, 2007

A horse rescue operation in Colorado successfully negotiated the
purchase of 32 horses left at Cavel International's slaughter plant
when Illinois Governor Rob Blagojevich signed legislation to
immediately ban horse slaughter in the state late last month.


Horses remaining at the plant when it closed were slated for shipment to either Canada or Mexico for slaughter.


The horses were bought by Front Range Equine Rescue, a 501(c)3 non-profit horse rescue.


Two of the rescued horses were humanely euthanized as their
pre-existing conditions left both horses in extreme pain and were
untreatable. One mare was severely crippled with arthritis and barely
able to walk; another gelding had laminitis so progressed the coffin
bone was rotating through the hoof. Assessments are being made on each
of the remaining horses. Unfortunately it is believed that at least two
more horses will require humane euthanasia as well.


The rescued horses were moved last week to four locations where they
will be quarantined for about three weeks. The horses will be monitored
for contagious illnesses such as strangles or upper respiratory
infections which can happen due to the stress and exposure to unhealthy
conditions during their ordeal


Unfortunately, a federal judge issued a temporary restraining order that allows Cavel International in Illinois to resume slaughter operations, despite Governor Blagojevich signing the bill outlawing it last week.

The order blocks the new state law while a lawsuit that Cavel filed against Illinois is considered. The next hearing in the case is June 14, when the restraining order could either be canceled or extended.

According to the Society for Animal Protective Legislation, that organization will be filing documents in conjunction with the Animal Welfare Institute opposing Cavel's attempt to abuse the court system. Patton Boggs is the law firm working on the case


5/25/07

Will Ending Horse Slaughter Create More "Unwanted" Horses?

The relationship between horse slaughter and reported cases of abuse and neglect - Horsetalk - equestrian features on training, horse care, equine breeding and more

The relationship between horse slaughter and reported cases of abuse and neglect

May 25, 2007

A study by John Holland

Article © 2007

This article may not be reproduced

in any form without prior permission.

The "Unwanted Horse" theory

The "unwanted horse" theory is the single most frequently cited argument in support of horse slaughter in the United States. This theory contends that there are more horses produced in the United States each year than are needed for recreational, sport, and other non-slaughter purposes. The theory then contends that horse slaughter acts as a "relief valve" and that if it were not for this channel these unwanted horses would begin accumulating. The theory goes on to warn that these horses would be neglected and abused unless the government stepped in to rescue them.

As an argument in favor of horse slaughter, this theory has two distinct advantages. The first advantage is that at face value the theory seems very plausible, as the numbers of horses being slaughtered sound so large that it is hard to imagine how they might be absorbed if slaughter were ended.

The second great advantage is that the theory allows the person or organization using it to claim that by opposing a ban on horse slaughter, they are really doing what is best for the horses. This is particularly important for organizations such as the AQHA (American Quarter Horse Assoc.), AVMA (American Veterinary Medical Assoc.) and AAEP (American Assoc. of Equine Practitioners), who are expected to represent the best interests of the species, and for politicians who don't wish to lose the support of animal-friendly constituents. But is the theory supported by the evidence?

Looking Closer

The first contraindication to the unwanted horse theory is the realization that as large as the annual horse slaughter numbers appear, they represent only about 1% of the horse population in the United States. It is rare that a population of any kind cannot absorb such a small increase or decrease in supply. This is just the first of many bits of negative evidence.

One proponent of horse slaughter, Representative Bob Goodlatte of Virginia, has gone so far as to circulate a letter¹ to his colleagues in the House of Representatives actually projecting the number of surplus horses that will accumulate in the decade following an end to slaughter, and estimating the cost to the government of warehousing these horses to be $530 million by 2016. In making this prediction, Goodlatte was using the assumption of a constant rate of production of unwanted horses. This is the easiest version of the "unwanted horse theory" to dispel.

The graph "Horses Slaughtered by Year"² is a test case for the concept that there are a relatively constant number of unwanted horses produced each year. Had we made the assumption in 1989 that the number of horses killed that year were still going to be produced in future years (the black line), we would have experienced an almost continuous drop in slaughter for the next decade and we would have found that by the end of 2003 there were over three million surplus horses unaccounted for. Clearly these horses were simply absorbed into the population.

Under the theory, the only explanation for these missing "surplus horses" would be that the horse population as a whole had been declining during this period and that the number of surplus horses was not a constant, but rather a fixed percentage of the population. The fixed percentage argument is clearly more reasonable than the fixed number hypothesis.

A search of available population data shows that there is no one set of complete numbers, but Freeman³ took all the available studies and statistics and estimated that during this period horse populations were in fact rising at a 3 to 5% rate per year. If this were taken into account in the graph above, the horizontal black line should be rising across the chart to over 500,000 horses per year by the end of 2003 (3% per year compounded), and this would result in far more than 3 million "surplus" horses for the period.

There are indeed more horses in the population, but there has been no government welfare program for these horses, no cost to the taxpayers, and no flood of homeless horses. Again, even with the most conservative assumptions the theory of a constant source of unwanted horses is completely discredited.

Faced with this evidence, the proponents of the unwanted horse theory quickly replaced the static supply model with an adaptive model which holds that the rate of slaughter adapts to the number of unwanted horses and thus it will vary from year to year. This model neglects a more straight forward explanation for the drop in slaughter numbers shown above, which is that most of the original 12 horse slaughter houses in operation in 1989 closed due to lack of demand over the course of the 1990s. The dynamic model would also seem to be conveniently untestable except for the availability of some interesting data surrounding an event that occurred in 2002.

Testing the Dynamic Model

The dynamic model assumes that the slaughter industry is for the most part adjusting its slaughter rate to absorb the unwanted horses through some inverse version of the law of supply and demand. If this were true, then a sudden and significant drop in slaughter capacity would throw the balance out because the industry could not adjust immediately to the surplus of unwanted horses. As luck would have it, just such an event occurred on Easter Sunday of 2002 when the Cavel slaughter plant in DeKalb Illinois burned to the ground.

By the time of Cavel burning, only three slaughter plants were operating in the United States and the rate of slaughter was back on the increase. The three plants had slaughtered 56,332 horses in 2001, but with Cavel off line for eight months of 2002, that number decreased to 42,312. By 2003 the two remaining plants had stepped up production to take up some of the slack.

In the graph "Horses Slaughtered or Exported for Possible Slaughter" the numbers of horses exported to Canada, Mexico, and Japan have been added to the number slaughtered in the United States. This sum is shown in yellow on the top curve of the graph. This line represents all horses possibly slaughtered from the United States. Again, by assuming that all horses exported to these three countries were slaughtered we are making the most conservative assumption. In reality current statistics show that this assumption is quite accurate and over 90% of the horses exported to these countries typically do go to slaughter.

What makes the closing and reopening of Cavel interesting is that there are solid statistics on the number of abuse and neglect cases in Illinois around this period. The other element that makes for an ideal test is that the remaining slaughter capacity was then almost 1,000 miles away in Texas. This meant that the "unwanted" horses from the Illinois area would be less attractive to killer buyers because they would have to transport them either to Texas or over the borders to Canada or Mexico. Proponents of the theory have attempted to explain what happened after Cavel burned by claiming that the surplus horses from Illinois were probably sent to these places. This is not the case as the "Horses Slaughtered or Exported for Possible Slaughter"&sup4; clearly shows.

Assumptions

We have clearly established that the bulk of the horses that would have been slaughtered by Cavel in the period between its burning and reopening were not sent elsewhere for slaughter. It could reasonably be argued that the rate of slaughter of Illinois horses probably dropped nearly to zero after the burning. At the very least Illinois horses were much less likely to be slaughtered than those from states in closer proximity to Texas. However, the calculations that follow are based on the extremely conservative assumption that the horses slaughtered during this period continued to be drawn from Illinois at the same proportion they had been when Cavel was operating.

It is clear that between 2000 and 2001 the rate of slaughter was on the increase, and that had Cavel not burned it appears that this line representing horses slaughtered and exported would have continued upward to the 122,000 level it reached in 2005 when Cavel was back in full operation the whole year.

Therefore, any mechanism the plants might have for adjusting to the supply of unwanted horses clearly could not operate fast enough to keep over 20,000 horses from falling through the cracks in 2002, and a similar number in 2003. The lighter shaded area therefore represents horses that should have been surplus from this event according to the unwanted horse theory.

To study the effect of this disturbance in processing capacity on the rate of abuse and neglect it is useful to plot the abuse rate against the slaughter rate.

According to the unwanted horse theory one would not expect the effect of a loss of slaughter capacity to be immediate. Instead, this effect should grow as the unwanted horses accumulated. The first thing one notices about the above graph is that this clearly is not the case. Between 2000 and 2001, both slaughter and neglect were increasing. According to the unwanted horse theory, this would indicate that horses were either not being slaughtered in sufficient numbers (unwanted horses were accumulating), or that there was some additional causation for the increasing abuse and neglect. For the year in which Cavel burned, the rate of slaughter diminished, and abuse continued to rise at the same rate it had been increasing before the fire. To some extent this can be explained by the fact that not enough additional unwanted horses had accumulated to have an effect in eight months since the plant burned.

In this case, however, we would certainly expect abuse to have increased rapidly by the end of 2003, but instead of rising abruptly, the rate of abuse actually stopped increasing and began dropping slightly. These are simply visual observations that call the unwanted horse theory into question. The real question remains as to whether we can numerically show any confirmation of the theory that abuse and neglect should increase as unwanted horses accumulate.

The Search for the Factor

If the theory that horse slaughter relieves abuse and neglect were true, then we should be able to find a factor by which these two things were related in the window of time just discussed. Furthermore this factor should be negative. For example, if we found a factor of -2, then we could predict that if we increased horse slaughter by 1%, the abuse rate should drop by 2%. Conversely, if we decreased horse slaughter by 1%, abuse and neglect should increase by 2%.

Four formulas were used to attempt to find this magic factor that would quantify the abuse and neglect relationship. The first formula related each year's percentage change in abuse to the percentage change in slaughter for the previous year. This simple rule allows that the accumulation or reduction of unwanted horses will begin to at least have some effect by the next year. When this calculation is done for each year, and the five yearly factors are averaged, the result is a positive factor of 1.04. In other words, this factor predicts that if we increase slaughter by 1% in a given year, we can on average expect a 1.04% increase in abuse the next year. This clearly contradicts the unwanted horse theory.

The second formula used related the percentage change in abuse in any given year to the percentage change in slaughter in that same year. The five yearly factors were then averaged and the result was again a positive factor, but this time of 2.73. In other words, if we reduced slaughter by 1%, we could expect abuse to go down by 2.73%. This is again in contradiction to the theory.

A third formula was applied. This formula was based on the percent change of each year with respect to the base year of 2000. This formula also yielded a positive factor of 2.54! In all three cases the attempt to derive a relationship between changes in the rate of slaughter and changes in the rate of abuse yields a result in opposition to the theory that slaughter relieves abuse.

A fourth test was applied to the numbers based on the calculation of the approximate number of accumulated unslaughtered horses each year due to the drop in processing capacity. The slope of the resulting curve was not monotonic as would be predicted by the "unwanted horse" theory. In the year before the fire and before any horses accumulated, the abuse rate increased by the same magnitude as it did when the accumulation went from zero to an estimated 20,600 at the end of the year Cavel closed. Then, when in the next year the number of unslaughtered horses doubled to 41,000, the abuse rate actually dropped. As before, no meaningful relationship could be drawn from the data.

Conclusions

The theory that reducing horse slaughter increases abuse and neglect is clearly not supported by the data. On its face, the data would seem to make the case that slaughter has just the opposite effect on the number of cases of abuse and neglect. There may be some truth to this because the brokers and feedlot operators who deal in slaughter horses are not known for their stewardship of the animals (to be polite). The fact is, however, that all attempts to calculate a relationship between abuse and neglect generate widely disparate values year to year which indicate that there is probably no meaningful relationship at all, or that if it exists it is insignificant compared to other factors.

The reason this is true is undoubtedly multi-fold. As previously mentioned, the number of horses being slaughtered annually represents only 1% of the horse population, so their fate has little effect on the overall situation. Neglect is probably more dependent upon larger factors such as weather (forage and hay availability), and the state of the economy.

Additionally, since the slaughter industry processes only horses that are in good flesh, and generally under twelve years of age and since blind horses and horses that cannot support their weight on all four legs are banned from transport, it would seem that the horses being removed from the population through slaughter are not the ones being abused and probably not the ones at highest risk of abuse or neglect.

Finally, a market place is not an "open loop" system by nature. That is, the supply of a commodity does not remain unrelated to its demand. If there is a demand for horses of a certain type (e.g. "loose horses"), then the market will provide them. For a commodity whose supply is fundamentally unlimited, supply would be expected to follow demand and not the other way around as the "unwanted horse" theory proposes.

In short, the theory that horse slaughter has a beneficial effect on the rate of abuse and neglect is clearly disproved by the facts. For reputable institutions to continue to depend on this theory as a justification for supporting horse slaughter is at best unjustified and irresponsible.


John Holland is an industrial consultant in the field of intelligent automation and knowledge engineering. He is the author of three books with his most recent work being "Designing Autonomous Mobile Robots; Inside the Mind of an Intelligent Machine". He also holds numerous patents in robotics, fiber optics, and radio telemetry.

Mr. Holland is an advocate for horse welfare and humane treatment. In 2005 he received the annual "Heart and Soul" award from United Animal Nations for his volunteer work against horse slaughter. He lives with his wife Sheilah and their 10 horses in the mountains of Southwest Virginia.

References

1 Letter from Representatives Bob Goodlatte and Charles Stenholm to Colleagues, June 18, 2004.

2 United States Department of Agriculture statistics www.fas.usda.gov/ustrade/USTExFatus.asp?QI=

3 Oklahoma Cooperative Extension Service Study, David W. Freeman Oklahoma Horse Industry Trends, Historic Estimates of Horse Numbers in US and OK. http://pods.dasnr.okstate.edu/docushare/dsweb/Get/Document-2087/CR-3987web.pdf

4 United States Department of Agriculture statistics www.nass.usda.gov:8080/QuickStats/PullData_US Illinois Department of Agriculture statistics



"From my earliest memories, I have loved horses with a longing beyond words." ~ Robert Vavra