By MARK MCGEE
“Let your horses walk on please”, is often an instruction riders hear in the ring when showing their Tennessee Walking Horses.
Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas, Amarillo Division is also allowing the Tennessee Walking Horse to “walk on” from a legal standpoint.
Judge Kacsmaryk ruled in favor of the Tennessee Walking Horse National Celebration Association (Plaintiffs) on four of five points in a legal challenge against the United States Department of Agriculture (USDA). The case involved the USDA’s controversial 2024 Rule to enforce the Horse Protection Act (HPA), and has profound implications for the equine industry, particularly for the Tennessee Walking Horse community.
“This battle to protect the show horse we all cherish has spanned nearly a year,” Celebration CEO Warren Wells said. “We are thrilled to have won four out of five points in the lawsuit, and we consider this a significant victory. However, it is unfortunate that we had to spend millions to challenge our own government and demonstrate that they overstepped their authority for a political agenda.”
In his decision, Judge Kacsmaryk emphasized that while both the USDA and the Plaintiffs agree on the HPA’s primary objective—ending “soring”—the dispute lies in the scope and application of the new regulations.
“The Congress, USDA, and equine organizations like the Plaintiffs all agree on the objective of the Horse Protection Act: to end ‘soring.’, “Kacsmaryk said.
He further acknowledged that there were significant disagreements over the 2024 Rule’s interpretation and enforcement.
Kacsmaryk ruled the USDA exceeded its statutory authority by instituting a blanket prohibition on action devices, pads, and certain substances used within the industry.
He also agreed with the walking horse industry that the provision which has replaced the “Scar Rule” did not provide adequate due process protections.
He also ruled that the absence of a proper pre- and post-deprivation review mechanism in the 2024 Rule violated due process requirements. Owners and trainers had been forced to accept the decision of show inspectors concerning whether or not a horse was fit to show without any ability for due process to challenge a decision.
The only ruling against the industry was the Court found that the provision of the 2024 Rule addressing the abolishment DQP program, participants in the inspection of horses at shows, did not violate the Regulatory Flexibility Act nor was it deemed arbitrary or capricious. The question remains who will be handling the inspection of horses, a concern for many in the industry.
Wells stressed the ruling marks a major victory for the Tennessee Walking Horse industry, which has long argued that the USDA’s 2024 Rule overreached in its regulatory scope and posed unnecessary burdens on the industry.
“The Tennessee Walking Horse National Celebrations advocates for fair and reasonable enforcement of the Horse Protection Act, ensuring that efforts to eradicate soring do not unnecessarily stifle the legitimate practices of the equine industry,” Wells said. The ruling marks a major victory for the Tennessee Walking Horse industry, which has long argued that the USDA’s 2024 Rule overreached in its regulatory scope and posed unnecessary burdens on the industry.
“This achievement also speaks to the power of unity, as the entire industry worked together in lockstep. The Celebration, TWHBEA, FAST, and The Walking Horse Trainers Association have all been key partners in this effort, and we are so proud of what we have accomplished together.”
Attorneys are now reviewing the 28-page decision to further determine the long-term impact on the industry.
This victory would not have been possible without the unwavering contributions from our donors to the Industry’s legal fund,” Wells said. “Their support—whether through direct contributions, exhibitor cards, horse cards, or at our various fundraisers—played a vital role in ensuring that we could take this challenge to court and fight for the future of our show horses.
“Their belief in our mission and dedication to standing with us made all the difference. This achievement also speaks to the power of unity, as the entire industry worked together in lockstep. The Celebration, TWHBEA, FAST, and The Walking Horse Trainers Association have all been key partners in this effort, and we are so proud of what we have accomplished together.”
