4

AQHA files appeal over registration of clones

equine-disease-quarterlyThe American Quarter Horse Association (AQHA) has filed its appeal over a court ruling requiring it to accept the registration of clones.

The association, with a membership of more than 280,000, filed its notice of appeal on Monday. The appeal will ultimately be heard by the US Court of Appeals for the Fifth Circuit in New Orleans.

“AQHA strongly believes in the right of our members and directors to make such regulation decisions on their own,” its executive vice-president, Don Treadway Jr, said.

“We will continue to take any and all necessary legal steps to fight for our members’ rights to determine the rules that govern our Association.”

US District Judge Mary Lou Robinson ruled on August 22 that the association had to immediately start accepting the registration of clones.

It followed a jury’s finding in a case heard in Texas that the association’s ban on registering clones violated state and federal antitrust laws.

The case is being monitored by many horse-breed associations, which have similar bans in place on the registration of clones.

The pair behind the push to allow the registration of clones are rancher Jason Abraham and veterinarian Gregg Veneklasen.

They took the association to court seeking the repeal of Rule REG106.1 to allow cloned quarter horses and their offspring to be registered, thus enabling them to compete.

Abraham and Veneklasen have about 20 cloned quarter horses and their offspring.

A 10-person jury ruled in favor of Abraham and Veneklasen, but awarded no damages. The plaintiffs had sought up to $US5 million in damages.

The association is seek a stay of the enforcement of Judge Robinson’s order pending the outcome of the appeal.

If a stay is granted, the registration of clones and their offspring will be put on hold until the appeal is completed.

Unless and until a stay is granted or the association wins its appeal, the court-mandated rules for the registration of clones and their offspring are being incorporated into its rules of registration.

The association said the court-mandated rules required new and significant computer programming with respect to its databases.

The association said that, in the normal course of business, it would develop such programming that was necessary to integrate clones and offspring into such databases.

In the near future, it will post the court-mandated rules, the new forms to be used to register clones and a summary of the requirements mandated by the court rules to register a cloned horse produced through somatic cell nuclear transfer.

The association’s key arguments in seeking to overturn the court ruling are that Abraham and Veneklasen failed to establish the existence of a conspiracy to prohibit registration of clones and their offspring; failed to establish the existence of a properly defined antitrust market consisting of “elite” quarter horses; failed to establish that the rule in question had caused any harm to the alleged market through a constraint on the supply of elite quarter horses; and failed to establish that the rule constituted an unreasonable restraint on trade.

It also believes the pair failed to establish that AQHA possessed monopoly power in the market.

 

Under:

Horsetalk.co.nz

About the Author

Daily horse news and information - only on Horsetalk.co.nz! Got a story lead? Email info@horsetalk.co.nz

Comments (4)

Trackback URL | Comments RSS Feed

  1. Jacob Johnston says:

    Animals are not objects or products that we can copy or reproduce!!! Anyone who would support something so immoral as cloning, clearly has no respect for animals or nature in general!!!

  2. Gail Clifton says:

    Just what our country needs…more Quarter Horses that will end up being dumped in the slaughter house when they are all “used up”….

  3. Carol Lynn Lucas says:

    Stop this pair…they clone horses in Lethbridge, Alberta, Canada…they get a steady supply of eggs from the HorseSlaughterHellHouse Bouvry Exports in Fort MacLeod…they have horses stockpiled in the thousands…I totally condemn horse slaughter and with everything that I have read and watched this is a inhumane death for these animals…and cloning them from their eggs is disgusting…our world just gets sicker and sicker and I am repelled by the greed and injustice which takes place in Canada daily with regards to horse slaughter..

Leave a Reply



If you want a picture to show with your comment, go get a Gravatar.

Current ye@r *

  • RSS
  • Newsletter
  • Facebook
  • Google+
  • LinkedIn
  • Twitter
  • Flickr
  • YouTube
  • Pinterest