Equine Issues

Summary: Bianca Marcellino was charged and convicted of two counts of cruelty to animals after a search of her residence revealed two horses that were in need of emergency medical aid. Marcellino was ordered to pay restitution and she subsequently appealed. Marcellino argued that the trial court abused its discretion by denying the motion for a Franks hearing where there were affidavits demonstrating material false statements in the affidavit for the search warrant. The Court contended that the trial court did not err in failing to hold a Franks hearing because even if the Court sets aside the alleged false statements in the affidavit, there remained an overwhelming amount of sufficient statements to support a finding of probable cause. The Court also held that trial courts have the authority to order restitution only to the actual victims of an offense or survivors of the victim, therefore, the award of restitution to the humane society was not valid because humane societies are a governmental entity and cannot be victims of abuse. The Court ultimately affirmed the judgment of the municipal court and reversed and vacated the order of restitution.

Summary: This New Mexico law states that a wild horse that is captured on public land shall have its conformation, history and deoxyribonucleic acid tested to determine if it is a Spanish colonial horse. If it is a Spanish colonial horse, the wild horse shall be relocated to a state or private wild horse preserve created and maintained for the purpose of protecting Spanish colonial horses. If it is not a Spanish colonial horse, it shall be returned to the public land, relocated to a public or private wild horse preserve or put up for adoption by the agency on whose land the wild horse was captured.

Summary: Part I of this Article will discuss abusive training practices in breed industries such as the Tennessee Walking Horse and American Quarter Horse, before briefly examining similar practices in other performance horse industries. Turning to federal efforts to eliminate the abuse, Part II examines the Horse Protection Act of 1970 (“HPA” or “Act”), including its legal history and current administration. Part III considers horse show industry attitudes toward horse treatment, particularly among trainers, owners, and exhibitors. Part IV deals with HPA's inadequate protection of competition horses, while Part V suggests a solution that is further developed in the Proposal section.

Summary: This case, as an issue of first impression, considers whether Civil Code section 3051 or 30801 governs a dispute involving a veterinary lien for services rendered to a horse. In 1994, Frank and Tara Jakubaitis took their blood-bay horse to Chino Valley Equine Hospital for emergency medical care. Theodore Fischer is the veterinarian that treated the horse, who was hospitalized from February of 1994 to early March of 1994. A letter was sent to the Jukabaitises stating that they had an outstanding balance due of $9,751 and that the horse would not be released until the balance was paid. The letter also informed them that if no payment was made within 10 days, the horse would be sold. The Jukabaitises did not pay for the veterinary services within 10 days, however, the veterinary hospital’s attempts to sell the horse were unsuccessful and the horse remained in the possession of Fischer. The Jakubaitises then sued the hospital, seeking injunctive relief and alleging conversion, claim, and delivery and negligent infliction of emotional distress. The trial court had ordered Fisher to return the horse to the Jakubaitises upon them posting a $500 bond. Fischer then brought this appeal. The case came down to the interpretation of various sections of California law. The trial court impliedly found section 3080 of the California Code to be controlling and sections 3051 and 3052 to be inapt. Section 3051 recognizes veterinary proprietors’ and veterinary surgeons’ lien rights for compensation in caring for, boarding, feeding, and medically treating animals. Section 3052 permits the lienholder, after giving notice to the debtor, to sell the animal at public auction. Section 3080 and 3080.01 govern liens applying to livestock servicers. Essentially, a veterinarian’s services could fall under either of the sections because the term “livestock service” in section 3080 included the term “veterinary services.” Eventually the legislature revised the definition of livestock services in section 3080 and deleted the reference to veterinary services. The Court concluded that the legislature’s intent was clear. Section 3051 continues to govern veterinarian proprietors’ and veterinary surgeons’ lien rights. Section 3080 governs all other livestock service providers. The Court ultimately reversed the trial court’s decision, ordered the horse to be returned to Fischer, the veterinarian, and discharged the bond that was to be paid by the Jakubaitises.

Summary: Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.

Summary: In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any injury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

Summary: The law regarding animals can also affect those who own, use, or enjoy them. In recent years, the equine industry has become more vulnerable to liability as a result of recent court decisions undermining the traditional view that persons who participate in horseback riding assume the risk of injuries they incur. This paper examines six significant cases, as well as statutes passed by state legislatures to meet the challenges posed by these decisions. The legislative history and debate over the passage of a Connecticut bill are examined to illustrate the policy behind equine liability acts.

Summary: This report contains brief summaries of federal animal protection statutes, from the African Elephant Conservation Act to the Wild Free-Roaming Horses and Burros Act. While not including treaties, it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game" animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates. Among recent statutes included in the report are the 1992 and 1994 amendments to the Marine Mammal Protection Act of 1972, section 404C of the Public Health Service Act, the 1994 amendments to the TwentyEight Hour Law, and the Wild Bird Conservation Act of 1992.

Summary: The iconic status of the horse in Kentucky belies the bitter reality faced by the vast majority of horses in that state. This Article explains how multiple aspects of the current law enforcement system in the state permit the persistent failure to protect horses against gross neglect and abuse, as exemplified in particular by two case studies. The Kentucky Equine Health and Welfare Council, a legislative construct promoted by its backers as a unique safeguard for Kentucky horses, was in fact ill-suited ab initio for this role and has proved uninterested in it. Although there is no legislative cure for indifference on the part of those charged with enforcing laws against neglect and abuse, there are a number of legislative changes that would improve the now lamentable odds faced by Kentucky's horses. These changes, discussed in Part IV of this Article, are designed to increase the likelihood of action being taken against an offender, including through civil as well as criminal proceedings; secure immediate care for horses which have been victimized and prevent recidivism by offenders; increase the severity of the offense; dampen the current robust market for slaughter horses, and fund the costs inherent in creating a more effective enforcement system. All of the changes proposed are already law in at least some other states-in some instances in many other states--and these existing laws offer a ready model for Kentucky to follow if it so chooses. Although the focus of this Article is on Kentucky, all the legislative recommendations made are more broadly applicable to any state which does not yet have a statute as proposed in place.