By THE CLOUD FOUNDATION
To The Desert Independent
September 22, 2018
PORTLAND, Oregon – Citing violations of the U.S. Constitution and three federal laws, an alliance of wild horse protection and animal welfare advocates filed a lawsuit yesterday, on September 21 in the U.S. District Court in Portland. The groups seek to enjoin the Bureau of Land Management (BLM) from proceeding with controversial and dangerous surgical experiments to remove the ovaries of wild mares at BLM’s Wild Horse Corrals in Hines, Oregon.
The complaint was filed on behalf of The Cloud Foundation (TCF) and its executive director Ginger Kathrens, who is also the Humane Advocate on the BLM’s National Wild Horse and Burro Advisory Board; the American Wild Horse Campaign (AWHC); the Animal Welfare Institute (AWI); and wildlife photographer Carol Walker, who is also a Director of Field Documentation for the Wild Horse Freedom Federation, by Nick Lawton of the public interest law firm Meyer, Glitzenstein and Eubanks, LLP.
A key demand of the legal action is the right to meaningful public observation and video recording of the experiments to improve public awareness of how the BLM is treating these federally protected wild horses and help the public inform BLM that this inhumane form of sterilization is not socially acceptable.
“To date, the BLM has refused to allow a meaningful opportunity for media or the public to observe and record these procedures,” said Nick Lawton of Meyer, Glitzenstein and Eubanks. “The BLM’s refusal to allow meaningful access to observe and record these experiments thwarts the important newsgathering objectives that Plaintiffs aim to achieve by observing and documenting the BLM’s treatment of wild horses, and thus violates Plaintiffs’ rights under the First Amendment of the U.S. Constitution.”
The legal action also alleges that the experiments, which involve performing an outdated surgical procedure called ovariectomy via colpotomy (a blind surgery in which a veterinarian inserts his arm into a mares’ abdominal cavity through an incision in the vaginal wall, manually locates the ovaries, then twists, severs and removes them using a rod like tool with a chain on the end) are unscientific, inhumane and dangerous, and will result in pain, suffering and potentially life-threatening complications for wild mares.
Video of the procedure, which as been called “barbaric” by equine veterinarians, can be seen here.
This is the BLM’s second attempt to conduct research on the surgical removal of the ovaries of wild mares. In 2016, AWHC and TCF sued to uphold their first amendment right to observe the experiments, a major objective of which was to determine the social acceptability of the procedure. The BLM cancelled the experiments, which it intended to conduct in partnership with Oregon State University —instead of providing public observation.
In its renewed attempt to conduct the research this year, the BLM dropped the objective of determining social acceptability in order to avoid providing meaningful observation. Instead, the BLM is offering limited observation through the doorway of a room adjacent to the surgical suite on a first-come, first-served basis with no independent veterinary observation provided.
When the agency re-released the sterilization research proposal, the BLM announced that it would be conducting the experiments in conjunction with Colorado State University (CSU). The University was to provide expertise in monitoring and assessing the welfare impacts of the surgeries on the wild mares. However, in August, CSU withdrew from the project. Instead of finding another academic institution with expertise in animal welfare monitoring and assessment, the BLM dropped CSU’s scientific observation of animal welfare from its study design.
Then, on September 13, 2018, the BLM announced that it was moving forward with the spay feasibility study despite opposition from the public and veterinarians, a warning from the National Academy of Sciences that the procedure was “inadvisable” due to health risks, and after two major research institutions – CSU and OSU – ended their affiliations with the project.
As soon as next month, the BLM plans to start rounding up 100 percent of the wild horses in the Warm Springs Herd Management Area in southeastern Oregon. An estimated 685 horses will be permanently removed and another 100 mares will be surgically sterilized. The experiments carry a high risk of mortality from bleeding, infection and evisceration (fatal protrusion of bowel through the surgical incision) and will subject pregnant mares to risk of miscarriage and associated complications. (More details on the BLM’s plan can be found here.)
“It is unconscionable to conduct invasive and dangerous surgeries on wild mares, ripping their ovaries out with a chain, likely destroying their fetus, then returning them out into a dirt corral with little to zero pain management before releasing them into the wild”, states Ginger Kathrens, Executive Director of the Cloud Foundation and the Humane Advisor on the BLM Wild Horse and Burro Advisory Board. “This is a rare, last ditch operation in the world of domestic mares. I would hope we, as a society, are beyond this kind of cruelty, particularly when humane, safe and scientific alternatives to control wild horse reproduction have existed for decades.”
The Cloud Foundation (TCF) is a Colorado 501(c)3 nonprofit corporation, that grew out of Executive Director Ginger Kathrens' knowledge and fear for wild horses in the West. TCF works to educate the public about the natural free-roaming behavior and social structure of wild horses and the threats to wild horse and burro society, to encourage the public to speak out for their protection on their home ranges, and to support only humane management measures. Kathrens serves as the Humane Advisor on BLM’s National Wild Horse and Burro Advisory Board.
The American Wild Horse Campaign (AWHC) is a national wild horse advocacy organization whose grassroots mission is endorsed by a coalition of more than 60 horse advocacy, public interest, and conservation organizations. AWHC is dedicated to preserving the American wild horse in viable, free-roaming herds for generations to come, as part of our national heritage.
The Animal Welfare Institute (AWI) is a nonprofit charitable organization founded in 1951 and dedicated to reducing animal suffering caused by people. AWI engages policymakers, scientists, industry, and the public to achieve better treatment of animals everywhere—in the laboratory, on the farm, in commerce, at home, and in the wild. For more information, visit www.awionline.org.