Soring is an abomination.

Intentionally inflicting pain so one can drape flowers and ribbons on a majestic steed while its owner walks away with a trophy and a fattened wallet is evil. It’s not a bold or brave statement. Few disagree.

The Horse Protection Act (HPA) was enacted Dec. 9, 1970 — more than 54 years ago — to end soring. Let’s be honest, full compliance is not possible. A law isn’t in effect that ends any crime. Laws can significantly curtail a criminal act, and there’s still work to be done as it relates to soring.

The Tennessee Walking Horse industry agrees.

“Have we achieved 100% compliance with the Horse Protection Act?” Jeffrey Howard, publisher of The Walking Horse Report, wrote May 16, 2024, after the Tennessee Walking Horse National Celebration Association (TWHCNA) filed a lawsuit challenging the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service’s (APHIS) final rule. “We have to be honest and acknowledge that we have not; however, our compliance rates are strong, and the super majority of our horses are compliant with the HPA.”

USDA veterinarians inspected 2,740 horses in 2023, with 525 found to be sore — an 81% compliance rate. Another 96 were detected because of other unspecified noncompliances, a compliance rate of 96%. The horses examined, however, are not solely Tennessee Walking Horses. All entries are mixed breeds and disciplines.

HPA Protects Horses

The TWHCNA’s lawsuit challenging provisions of the final rule proved successful. The HPA without the final rule protects horses, U.S. District Court Judge Matthew J. Kacsmaryk ruled. The USDA-APHIS final rule went too far when it tried to ban action devices, pads and substances — including shampoo, conditioner, polishes and fly spray.

“These current restrictions, when properly adhered to, ensure that no soring is caused by action devices or pads,” Kacsmaryk wrote. “Banning all action devices and pads only punishes owners and trainers already in compliance with existing regulations and fails to alter the behavior of incorrigible offenders.”

Although the provisions have been tossed from the HPA, several troubling amendments remain. Most notable is the expansion of inspections for shows and competitions except rodeo events, parades, trail rides and when speed is the prime factor. Thus, state fairs, 4-H shows and other exhibitions are subject to USDA-APHIS scrutiny.

“In its current format, the HPA updated rule impacts an estimated 50,000 equine events across the country annually,” according to a letter from American Horse Council President Julie Broadway to USDA-APHIS. “However, less than 1% of all events are at risk of having sored horses compete (per USDA Animal Care research).”

Three Steps

The AHC calls on USDA-APHIS to take three steps “in support of a fair, open and comprehensive rule-making process” before the final rule takes effect April 2.

  • Reopen a 60-day comment period.
  • Convene a listening session for stakeholders before drafting and publishing an amendment or proposed rule.
  • Delay implementing a final or amended rule by 180 days.

Agriculture commissioners from 11 states — Alabama, Florida, Kentucky, Nebraska, Nevada, North Carolina, Mississippi, Oklahoma, South Dakota, Texas and West Virginia — are asking the USDA to withdraw the final rule. The AHC says it will join that effort if the three conditions aren’t met.

“If this is not possible,” Broadway states, “then the amendments must be rescinded.”