Stacks/Padding

2/19/82

Auburn University School of Veterinary Medicine to USDA

“We have yet to carry out formal steps to determine the effect of built up pads on Tennessee Walking Horses. Over the years, however, we have experienced what the group considers a high rate of thrush in the horses we have shod with pads and used in tests. Although it is not readily apparent on clinical observation we have observed with thermovision varying degrees of abnormal inflammation of the posterior aspect of the metacarpal area where the flexor bundle is located. This usually occurs the day after a horse has been freshly shod, whether or not he is exercised daily, and lasts for a few days to two weeks.

Attached are some questions we asked of our farrier and four clinic veterinarians who devote their professional time almost exclusively to equines. They all answered “yes” to the first two questions and suggested sheared heels, quarter cracks, and laminitis as other abnormalities of the forefeet of Tennessee Walking Horses shod with conventional pads. They all answered “yes” to the fourth question, giving their reason that they could not adequately examine the feet unless the sole was exposed. “

The questions:

Do you associate, from your observation, increased incidence of thrush with pads covering the sole of horses’ hooves?
Contracted heels?
Other abnormalities?
Would you consider it necessary to remove pads and shoes from a horse to do an adequate foot examination? )

Auburn Study – page 17 of “Thermography in Diagnosis of Inflammatory Processes In Horses In Response to various Chemical and Physical factors” – Summary of research from 9/78 to 12/82

“Thermography study suggests that shoeing of the forefeet in pads and wedges from a barefoot status causes a 1-2 degree rise in temperature in the superficial and deep flexor tendon areas. Similarly, inflammation in this area was observed on thermography when the angle of the hoof was raised or lowered. When the heels were lowered on 5/11 and observed until 6/1 there was a gradual decrease of inflammation in the flexor tendon area.”

APHIS Report (remember that mechanical devices can cause soring, too.)

Table 4—Incidence of pathological abnormalities indicative of soring, by type of horse, at events attended by APHIS in 2000

Random Winning All horses

Flat-shod Padded Flat-shod Padded Flat-shod Padded Overall

Horses

examined 538 272 1,391 976 1,929 1,248 3,260

Percent w/

abnormalities 18 82 17 79 17 79 42

HPA

Section 2(3)(D) of the Horse Protection Act (15 U.S.C. s 1821(3)(D)) provides:

. . . .

The term "sore" . . . means that . . . any . . . device has been used by a person on any limb of a horse, or a person has engaged in a practice involving a horse, and, as a result of such application, infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving . . .

Section 6(d)(5) of the Act (15 U.S.C. s 1825(d)(5)) provides:

In any civil or criminal action to enforce this chapter or any regulation under this chapter a horse shall be presumed to be a horse which is sore if it manifests abnormal sensitivity or inflammation in both of its forelimbs or both of its hindlimbs.

American Horse Protection Ass'n, Inc. v. Lyng, 681 F.Supp. 949, D.D.C.,1988. (Judge Gasch)

The Auburn researchers clearly found that the use of ten-ounce weights caused soreness to the test

horses. The agency cannot gainsay this finding by asserting that these devices may not in all instances result in soring. All the statute requires is that the devices be reasonably capable of causing soreness. The agency has made a lame attempt at discounting the validity of Phase VI of the Auburn study. But it concedes that the results probably would have been no different if its purported defects had been cured. In the same vein, the study indicates, and the agency does not deny, that manipulation of the hoof with padded shoes can cause inflammation. Inflammation is one indicia of soreness, according to the Horse Protection Act. 15 U.S.C. § 1821(3). Padded shoes are thus reasonably capable of causing soreness.

Furthermore, the horse show data has been effectively called into question by the concerns raised by plaintiff. Additionally, the agency's own assertion that virtually all Tennessee Walking horses wear action devices, including ten ounce chains and padded shoes, yet only a few are found to be sore suggests that the inspectors are missing through human error some soreness that would be detected by thermography.

This is one of those rare and compelling circumstances in which the agency has been blind to the source of its power, AHPA v. Lyng, 812 F.2d at 5, namely, the Horse Protection Act. There has been a change in the facts relied upon by the agency in 1979 when it issued the existing regulations. Due to technological advances, the researchers were able to discern more exactly the effects of ten-ounce chains and padded shoes on horses.

It is apparent that the agency needs to institute rulemaking proceedings for the additional purpose of gaining data on subjects that it concededly lacks. The agency needs to delve into the rumors and allegations of stewardship (conditioning horses not to react to pain) and the use of substances to mask pain and conceal its physical signs. Perhaps the agency should receive comments, as well, on the possible use of thermography to detect soreness at horse shows.

Definition of “Soring” from the Ames Study

Soring consists of deliberate irritation of the pastern areas (usually the front pastern) by chemical and or mechanical means until these areas become so sore that movement and or the bearing of weight causes considerable pain to the animal. As a result, the hind feet are placed further forward under the horse so the rear quarters bear a greater percentage of the body weight. Like wise when the front feet come into contact with the ground, the are hyperflexed and extended (snapped forward) quickly. Long hooves plus pads and weighted shoes aid in this action. This combination results in a long rear stride and a high, far reaching action with the front feet. When everything works together in the proper rhythm, the “Big Lick” is produced. In reality, the “Big Lick” should be called the “Sore Lick” because it is performed by a horse which, by all diagnostic criteria, is unsound and unfit to show.

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