In a letter sent March 6, 2025, Patrick F. Philbin, attorney for industry plaintiffs, asked the USDA to reconsider certain aspects of the current enforcement and inspection scheme under the Horse Protection Act. At the core of Philbin’s letter is the need for adequate due process to be provided under the HPA and for industry participants to have some form of a pre-deprivation hearing prior to their horse being disqualified. The letter stated, “I am contacting you…to raise concerns about several violations of law, including due process violations that, absent a change in current practices, USDA is certain to commit during the upcoming 2025 Tennessee Walking Horse show season.”
The need for USDA to provide some form of pre-deprivation hearing was highlighted by the recent decision in the Northern District of Texas. The industry prevailed when Judge Kacsmaryk agreed that the post-deprivation process contained in the new rule was inadequate. Philbin pointed out this policy is made worse by the fact that horses disqualified are prevented from reappearing at all during a multi-day event. “We urge USDA to immediately retract its policy prohibiting horses who are disqualified during a pre-show inspection from reappearing during a multi-day event.”
The letter also urged the USDA to immediately go to rulemaking to replace the scar rule. The Northern District of Texas determined the USDA’s proposed replacement to the scar rule in the new rule was “deficient in providing notice to owners and trainers as to what conduct is ‘forbidden or required.’”
The final request made in the letter to USDA was in regards to the 2019 initiated USDA policy and position on post-show inflammation and disqualifying horses for post-show inflammation caused by riding the horse. The USDA has recently and repeatedly stated that the act of riding the horse is the intentional act of soring. In the letter Philbin stated, “like the proposed ban on action devices and pads, the Post-Show Inflammation Policy exceeds the USDA’s authority and USDA should immediately rescind the policy.”
The letter pointed out the fact that show season is upon us and that urgent action is required by USDA. Currently, the same rules used to enforce the HPA in 2024 are in effect for the 2025 show season until the USDA clarifies some of these positions. Also, the Wright’s vs. USDA case in Jackson, Tenn., also should be decided in 2025 which includes challenges to the current enforcement of the HPA in the areas of the scar rule, lack of due process and post-show inflammation.