The Farm Bureau and its knuckle-dragging apostles on the Hill (no offense to chimps) are using all their might to oppose proper penalties for animal abuse
by Liz Garrigan
What happened to a horse in Sweetwater, Tenn., last year serves as the perfect, if nauseating, cliffsnotes to Tennessee's animal cruelty statutes. A man who was angry with his wife decided to get even by dragging the woman's favorite horse behind his truck. He drove until the animal was a Bloody, near-dead mass. When he saw the poor equine was still drawing breath, the cro-magnon stabbed the horse with a pitch fork.
What did he get for his breathtaking and merciless depravity? Not a damn thing.
"When the woman contacted the district attorney in her area, she was told that they would not prosecute this action because it was a misdemeanor and wasn't worth their time," Rep. Janis Sontany, a Nashville Democrat sponsoring a bill to strengthen penalties for animal abuse, told the House Agriculture Committee Tuesday. "My bill would make this action a felony. ... A misdemeanor is like getting a traffic ticket."
It's because misdemeanors like this go unprosecuted or get expunged — allowing perpetrators to skate by as perpetual first-time offenders — that Sontany has sponsored a bill to make such flagrant cruelty a felony. Sontany's bill aims to treat all animal abuse the same, which sounds reasonable. Especially in contrast to the way Tennessee's nonsensical laws currently stand: one standard for companion animals such as dogs and cats, another for livestock such as cattle and horses.
And yet the bill has drawn the ire of the Tennessee Farm Bureau, a 650,000-member organization with considerable legislative clout. To the Farm Bureau, the largest state lobby of its kind in the country, almost nothing constitutes livestock abuse. Its president, Lacy Upchurch, insisted during a recent interview with the Scene that the worst case of equine mistreatment in state history — 84 emaciated horses, starving and skeletal and barely alive, found on a Cannon County farm last November — didn't strike him as foul play.
"I don't think those guys intentionally harmed those horses," Upchurch said. "Why in the world would they not want to give them enough nourishment?"
To protect their antiquated standards, the Farm Bureau's representatives deflect, throw up smoke screens and peddle conspiracy theories. Their favorite target is the Humane Society of the United States, which has intervened in some notorious cases of Tennessee animal abuse (including the episode in Cannon County). An ordinary Tennessean might see the Humane Society's help as a boon to suffering animals — but the Farm Bureau isn't fooled. They know the society's just pushing its secret scheme to make everyone ... vegetarian.
"There are certain people who would like to destroy animal agriculture," Upchurch recently told the Scene's Christine Kreyling, all but watching the skies for black Humane Society helicopters. "Sometimes they use the passion that people have for animal care to reach their objectives."
Even many Farm Bureau members have spoken up to say they don't agree with the archaic policy stance. Their dissent, however, may not be enough. The group's longtime influence — not to mention the fact that to stay alive, the legislation would have to pass a House Agriculture Committee largely composed of farmers and Farm Bureau cronies — creates an almost impossible political scenario for Sontany's bill.
So, sadly, as with virtually any matter unfortunate enough to rely on the decency of the Tennessee General Assembly, Sontany's bill seems likely to meet a fate similar to the animals it would protect. It'll wither in neglect for the next week or so, then get slaughtered in committee.
But while the likes of GOP state Rep. Frank Niceley, an Agriculture Committee member and farmer from Knoxville who lists his "community involvement" as membership in the Farm Bureau and the National Rifle Association, may manage to fend off this noble legislative beast for the time being, they can no doubt expect a return engagement.
Because even those who hold no real sentiment for pets or livestock recognize that animal abusers often engage in even more heinous criminal pursuits — against children. It's to address "the well-documented and direct connection between animal abuse and child abuse" that Sen. Bill Ketron is sponsoring the Senate version of Sontany's bill.
Ironically, Rep. Eddie Bass, a Democrat from Prospect, backed into this salient point during the Agriculture Committee hearing Tuesday, even as he was parroting the Farm Bureau's boneheaded talking points.
Here was the gem: "We need to spend [money] on the children and the people of this state first," Bass said of Sontany's bill — which has no fiscal note.
That's when a Sumner County Animal Control officer, in attendance to testify in favor of the legislation, offered the money retort: "A lot of the people who are abusing their animals are also the ones who are abusing their children."
Call 'Em Up — Your House Agriculture Committee
Stratton Bone, 741-7086
Dale Ford, 741-1717
Willie Butch Borchert, 741-6804
Eddie Bass, 741-1864
Chad Faulkner, 741-3335
Curtis Halford, 741-7478
John Litz, 741-6877
Steve McDaniel, 741-1980
Frank Niceley, 741-4419
Johnny Shaw, 741-4538
Terri Lynn Weaver, 741-2192
John Mark Windle, 741-1260
Email editor@nashvillescene.com.
Comments (11)
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I'm sorry that you feel that the Farm Bureau somehow supports animal cruelty. Nothing could be further from the truth. TN Farm Bureau and it's members stongly oppose animal abuse or cruelty. For that reason Farm Bureau has supported four separate bills that strengthen penalties or change language to include livestock animals in animal cruelty cases since 2002, the last being in 2008. Those of us involved in animal agriculture rely on livestock for our livelihood. For that reason alone, why would we abuse them? Rep. Sontany's bill is simply redundant. There are already strict laws on the books that punish animal cruelty. It seems that Rep. Sontany and the representatives from the HSUS should speak with the judicial branch of government to enforce the laws we already have rather than creating new ones.
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Don't you ever present the other side of this bill without bashing Farm Bureau? I've had horses, cats, dogs all my life and I do not support this bill. There are a lot of very soft-hearted people in Tennessee who want to help animals at all costs. That's just fine. But it doesn't mean that they know much about animals, especially livestock. We do not need uninformed people, however good-hearted, trying to get farmers put in jail on felony charges. And, yes, it is true that HSUS is not what it claims to be. Check out http://humanewatch.org/
The egregious example presented (horse dragged then stabbed with a pitchfork) with the Farm Bureau respresented as somehow uncaring about it is most likely a red herrring. No sane person who owns animals, pet or livestock, will condone such a thing. I think what many are concerned with is that current laws are not being enforced sufficiently, and that new laws proposed by special interest groups with a history of animus towards the livestock industry could be the "camel nose under the tent." If the Humane Society really wanted to help then they would work hand-in-hand with the Farm Bureau to craft legislation that would be appropriate to true cases of animal cruelty without endangering legitimate livestock operations.
As a horse owner I felt compelled to see if I could contribute in any way to the care of the rescued 84 horses. No rational person who saw the condition of those horses in the first week could suggest that they were not mistreated. The Farm Bureau position as represented by Lacy Upchurch is simply off base. Asking why the Cannon County farmers would have not wanted to give them enough nourishment isn't the issue. The fact is they didn't over an extended period of time to a significant number of horses as clearly reflected by their condition and by the horses that died prior to the rescue. And the care issues extended far beyond nourishment including insufficient hoof care and failure to treat contagious diseases. Livestock ownership comes with a responsibility to provide basic care. Failure to provide such is criminal. Failure in extreme cases should constitute felony abuse. That's why I support this bill and reject the arguments that the Farm Bureau has put forth. Finally the notion that the Farm Bureau has 650,000 members supporting this position is misleading. The vast majority of those members are simply insurance customers. And their recent radio advertising campaigns specifically focused on advising that you didn't need to be a farmer to get their insurance.
While HSUS is a strong supporter of this legislation we are not the only ones - in fact the primary advocates for this bill are coming from the agriculture community, and include cattle and horse owners. This bill isn't just about livestock it is about protecting all animals, from sadistic and depraved torture, and also places a heavy burden of proof on prosecuters. It is clear what the HSUS is about, and anyone with questions I would encourage to visit our website at http://humanesociety.org or our CEO's blog, where you can see what we do on a daily basis to stop cruelty.
To all who think Farm Bureau and farmers are the victim here - please read this Open Letter to the Ag Committee. This is not about HSUS angling to create vegetarians - I eat meat and I always will. This is not about "crazy animal people" trying to put everyone in jail who doesn't give their animals better accommodations than their children. The laws for livestock are NOT the same and they are definitely NOT strict enough right now. A misdemeanor is oft ignored when more egregious crimes are being committed in the community. If the punishment were a felony - the officers of law would not be able to ignore it. They would be forced to take action. Dear Ag Committee: Please take a moment to hear me out. As Chairman of the Board for Brown Dog Foundation, a TN-based national charity, we are driven to express our support of HB3386 and ask that you, the Agriculture Committee, do the same. Representative Janis Sontany has done an excellent job of constructing a bill that will hold wrong-doers accountable for heinous crimes against helpless animals. You and I have the ability to move toward food and water when we are hungry or thirsty. Animals are dependent upon us to provide them food/water when in our possession. When horses or other livestock, or a dog or cat, is contained with no access to food and water, it is no different that restricting a child from accessing food and water. These are basic rights for people and all we ask is that these basic rights also exist for owned animals, including livestock. We are not asking you to pass a bill that gives livestock access to 5-Star accommodations - no, we ask only that you enact a law that holds accountable anyone who intentionally restricts food, water, medications from any animal. It makes no sense to us, or our several thousand supporters, to have two different penalties - aggravated animal cruelty with a felony penalty for companion animals and a misdemeanor for the same action for "livestock". Ladies and gentleman, cruelty is cruelty regardless if the animal weighs 3 lbs. or is 16 hands high. How can we continue to say that it is far worse to starve a dog than to starve a horse? Starving any living being is an atrocity. When the Cannon County horses were at the Fairgrounds, Rep. Sontany was asked by the media why the penalty for starving these horses was only a misdemeanor. Her answer simply was Farm Bureau Insurance Company. This company has always demanded different laws for "livestock". When she first drafted the legislation, she met with Farm Bureau Insurance Company's lobbyists to try to find some common ground. She was told that starving these horses didn't rise to the level of aggravated animal cruelty and the current law was working just fine and they refused to negotiate. Last week, Farm Bureau's President, Lacy Upchurch, and their Chief Administrative Officer, Julius Johnson, visited Rep. Sontany's office to discuss the bill. She had hopes that they could negotiate in good faith to have a bill that both could agree on that would stop this continued cruelty. They, however, only wanted to express their concern that this legislation would land some poor farmer in jail for dehorning his cattle. This bill clearly exempts accepted veterinary practices and makes no mention of discontinuing current tax breaks for farmers on livestock. The consummate professional, Rep. Sontany offered to file an amendment that would require the sworn statement of a veterinarian that the animal/animals were starved - deprived of food and/or water or abused in a depraved or sadistic manner before criminal charges could be filed. Mr. Upchurch and Mr. Johnson wouldn't agree to that either - they said there would be too much gray area. Clearly, they didn't come in good faith to negotiate. This cruelty continues to happen. Since the Cannon County atrocity, there were 20 horses in Sumner County reported starved, three starved in Smith County - one of which was already dead and the other two found with no food or water nearly starved to death. And, then there was the incident in Bedford County where over 100 head of cattle were found starved to death. This bill addresses more than starvation of livestock. It also addresses other forms of animal cruelty. There was a woman in Sweetwater last year whose husband got mad at her and dragged her favorite horse behind his truck until the animal was almost dead. To finish him off he stabbed him with a pitch fork. When the woman contacted the district attorney in her area, she was told that they would not prosecute this action because it was a misdemeanor and wasn't worth their time. How can anyone believe that an action such as this does not warrant strict and harsh punishment? Rep. Sontany's bill would make certain that actions such as this are a felony as well. It is with deep respect that the Board and supporters of Brown Dog Foundation urge you to please pass this bill. We elected you to office to speak for us. Please do so. Take a stand by telling all animal abusers that there will be consequences for their bad decisions and inappropriate actions. Like Rep. Sontany, we are not interested in bringing harm to honest farmers, cattlemen and horsemen. No one who loves farming would ever mistreat an animal, we know this because many of our board members come from farm-backgrounds. We just know that with minimal consequences for bad behavior, the bad behavior will continue and the animals who cannot fend for themselves are the ones who will pay the ultimate price of dying slow, painful, horrific deaths - while their abuser moves on about his or her day as though nothing has happened. Please, support Rep. Sontany's efforts to help us make Tennessee a better place for all. With sincere thanks for your service to this great State, Carol A. Smock Board Chair, Brown Dog Foundation Kristy Carroll-Grimes, Vice Chair Brian Dablow, Secretary Joe McLaughlin, Treasurer Board of Directors Dr. Lisa Chassy, DVM William Smock Hannah Morrell Laura Parker-Hawes
I just returned from the barn feeding my 16 horses & 6 dogs. After reading your silly Farm Bureau Bashing article I thought I might give a different angle on what the problem is. You liberals have just about accomplished taking all moral teaching out of our schools & society & replaced it with it is OK to murder millions of babies all in name of a woman's right to choose. Then if that were not enough we are forced to accept the homosexual lifestyle as normal. We have taking the 10 comandmants out of our society & wonder why people treat children, adults & animals the way they do. Wake Up. It is because of our moral state. If you really want to stop the kind of abuse in regard to starving horse WE MUST BRING BACK LEGAL HORSE SLAUGHTER IN THIS COUNTRY then there will be a humane way to deal with the over population of horses that we have in this country today. Nothing will take care of idiots like the one in Sweetwater. (for the answer to him see paragraph above) As for me if horse slaughter was an option I would not use it for any of my 16 horses I would continue to do what I have done for the last 15 years when a horse can no longer have a normal healthy life I call the vet & put the animal down in this way. I don't believe that is an option for some people who get in to deep with no way out of the horse business because of the over population & not enough money to pay the feed bill or to pay the $100.00 or more vet bill so the result is starving animals. If you truly want to help, stop bashing people who disagree with you & get behind bringing a horse slaughter plant to Tennessee. Thanks for reading, William
The case in cannon county hasnt even gone to trial yet, but people are saying the law isnt tough enough. The trial can result in up to 84 counts (84 animails) and could be sentenced to 83 yrs, 10 months in jail and a fine of $210,000. Why dont we just wait and see what actually happens before we start jumping up and down yelling about how the laws are not strong enough.
I wrote the Tennessee Farm Bureau and received an entirely inadequate public statement, in essence upholding existing laws that will not punish first-time offenders, even if 84 horses were found starving to death and the skeletal remains of several others. The last paragraph reads: "Farm Bureau thinks the current animal cruelty laws are sufficient if enforced properly and we also believe that we need to do a better job of educating those people who do not understand the proper care of horses and other farm animals. Please write or call if we need to discuss the issue further" Lacy Upchurch, President Tennessee Farm Bureau Federation 931-388-7872 I say we flood Mr. Upchurch with phone calls and letters of outrage.
