Being associated with the American Quarter Horse Association, I am going to focus my remarks on the American Quarter Horse industry and the legal ramifications of doing the right thing.

I would like to go through some of the rules and procedures which the American Quarter Horse Association has adopted. An understanding of these rules will make it easier to understand the legal ramifications of what AQHA has experienced.

Shows sanctioned as approved events by AQHA are regulated by some of the most strict rules enforced within the equine industry, designed to ensure that the safety and welfare of American Quarter Horses competing in performance events are not jeopardized. A number of rules from the AQHA Official Handbook, are a testament to the fulfillment of these aims and purposes.

AQHA actively protects the American Quarter Horse by establishing and strictly enforcing rules which govern every AQHA-approved event in order to reflect the natural ability of the animal.

Prohibited Conduct - Rule 441, states an overview of AQHA’s stance on unsportsmanlike conduct and/or inhumane treatment of a horse.

Policy on Controlled Substances and Tail Alteration - AQHA’s policies concerning the administration of controlled substances (drugs) are well documented as being among the most stringent in the equine industry. AQHA began drug testing at AQHA-approved shows in 1973, and was among the first, if not the first, equine breed association to do so. The drug testing program enacted by AQHA has been expanded so that 15 state organizations are now approved to conduct drug testing, and AQHA performs random testing throughout the year at various shows as well as testing all the classes at both the AQHA and AQHYA World Championship Shows. Rule 441 outlines AQHA’s "zero tolerance" policy concerning the administration of controlled substances.

AQHA has funded research in an effort to determine techniques for evaluation of altered tails in horses. The results of this research were presented to a group of equine veterinarians at a seminar in 1992. The techniques developed through the research are utilized by AQHA in random testing at shows and both the AQHA and AQHYA World Championship Shows.

The Association has spent in excess of $560,000 since 1980 to test for evidence of drugs and/or tail alteration in horses competing in AQHA-approved events. Beginning in 1993, American Quarter Horses competing in non AQHA-approved events may also be subject to testing for drugs and evidence of tail alteration.

The AQHA Executive Committee is the forum within AQHA which, initially and ultimately, hears or reviews evidence of alleged violations of rules and regulations by members and/or participants in AQHA-approved events. A member may be disciplined, suspended, fined, and/or expelled from the Association, and any non-member participant may be denied any or all Association privileges.

Association rules pertaining to prohibition of drugs, surgical alteration or any inhumane treatment of the horse provide for absolute responsibility for a horse’s condition by an exhibitor, trainer, participant, and/or the owner, thereby making the exhibitor, participant, and/or the owner eligible for possible disciplinary action upon proof of the presence of such drug by laboratory analysis, existence of surgical alteration, or any inhumane treatment of the horse.

AQHA reserves the right to independently direct disciplinary action or sanction against individuals coming under the jurisdiction by participation in AQHA-approved shows, contest, race meets, or other events. The AQHA Executive Committee may enhance or initiate suspension, fine, and/or otherwise penalize repeat offenders of Association rules and regulations, and/or those of other jurisdictions; and include owners or lessees who have placed the care and custody of their horse to such repeat offenders.

The AQHA Executive Committee has taken action -- including investigation, prosecution, suspension of privileges, and/or fines being levied -- on all cases where substantial evidence existed of violations of AQHA’s drug and tail alteration rules. Since 1980, 45 people have been fined and suspended for violation of AQHA’s drug and tail alteration rules.

The welfare of American Quarter Horses exhibited in AQHA-approved show events are safeguarded under a comprehensive rule 401 which provides for their well-being. The AQHA Executive Committee has taken action -- including investigation, prosecution, suspension of privileges and/or fines being levied -- on all cases where substantial evidence existed of violations of AQHA’s animal welfare rules. Since 1980, 27 people have been fined and suspended for cruel and inhumane treatment of American Quarter Horses.

In the 72 different cases where substantial evidence existed and AQHA took action against the guilty person or persons, there have been seven cases where some type of legal action was filed against AQHA for its actions. In no case was it ever determined that AQHA had made a mistake. In each case, AQHA has stood by the rules and the rules have prevailed. The costs associated, since 1980, with defending these cases where some filed against AQHA is over $45,000.

AQHA members that participate in approved events want a fair and level playing field. AQHA has the rules in place and is obligated to see that all members are abiding by the rules. If the rules were not enforced, it would not be long before members quit participating in AQHA approved events because others were not abiding by the rules and had an undue advantage.

From AQHA’s experience, if the proper rules are in place and enforced, then the legal ramifications are relatively easy. The main ingredient is to have sound rules and then enforce them.