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Sep. 1st, 2005 11:40 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
sitaangelRuling prevents closing of horse plants
05:52 PM CDT on Friday, August 26, 2005
By JIM GETZ / The Dallas Morning News
Texas’ two horse-slaughtering plants have scored a legal victory with a federal judge’s ruling that district attorneys cannot try to shut them down under a 1949 state law.
U.S. District Judge Terry Means ruled Thursday that the law had been essentially repealed by subsequent state laws and, even if it had not been, federal laws pre-empted the state statute.
The ruling in the three-year-old case makes permanent a temporary injunction that had prevented district attorneys in Tarrant and Kaufman counties from prosecuting Beltex Corp. in Fort Worth and Dallas Crown Inc. in Kaufman. The two plants slaughter dozens of horses a week for human consumption in parts of Europe and Japan.
After former state Attorney General John Cornyn issued an opinion that a 1949 state law barred sale or transport of horse meat inTexas for human consumption, Tarrant County District Attorney Tim Curry said he would enforce it. In response, Fort Worth attorney David Broiles asked the federal judge for an injunction to allow the plants to keep operating.
Karin Cagle, an associate of Mr. Broiles, said the owners were happy with Thursday’s ruling but still face a potential nationwide ban on horse slaughter from the Congress this fall.
"The actions by the activists hang over their heads," Ms. Cagle said. "Their businesses aren’t secure because a few vocal people are out to get them."
Ann Diamond, an assistant district attorney who aided Mr. Curry in the state’s case, said the key to banning slaughter could lie with Congress. Her office was still reviewing Judge Means’ ruling and had not decided whether to appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. The deadline for an appeal is Sept. 26.
"If this is the final decision, then both the state legislature and national legislature have to act," Ms. Diamond said. "Either the Congress has to pass a nationwide ban, or they have to enact a law that allows Texas to pass a law banning it."
E-mail jgetz@dallasnews.com
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Posted on Fri, Aug. 26, 2005
Horse slaughter plants ruled legal
By Barry Shlachter
Star-Telegram Staff Writer
A U.S. district judge has ruled that horse slaughter at two Texas plants is legal because federal law trumps any state prohibition.
Animal rights groups expressed disappointment by Thursday’s ruling, which was made public Friday by Tarrant County District Attorney Tim Curry.
Chris Heyde, Society for Animal Protective Legislation, expressed hope that a third attempt to pass federal legislation outlawing horse slaughter might succeed this session.
"We’re delighted," said Jim Bradshaw, a spokesman for the two European-owned plants, Beltex in Fort Worth and Dallas Crown in Kaufman. "We expected it but feel comfortable that the ruling was made. It really doesn’t change anything other than give relief in not having something hanging over your head."
The two plants have been operating under court order since district attorneys in Tarrant and Kaufman counties moved to close the facilities in 2002, citing the Texas Agriculture Code. Kaufman county later dropped out of the action.
In his 19-page ruling, U.S. District Judge Terry Means called the horse slaughter provision of the agriculture code "complex and convoluted" as well as in conflict with the state’s own health and safety code, and overtaken by other Texas laws that recognize such slaughter. Moreover, federal laws regulating interstate commerce outweigh any state prohibition.
05:52 PM CDT on Friday, August 26, 2005
By JIM GETZ / The Dallas Morning News
Texas’ two horse-slaughtering plants have scored a legal victory with a federal judge’s ruling that district attorneys cannot try to shut them down under a 1949 state law.
U.S. District Judge Terry Means ruled Thursday that the law had been essentially repealed by subsequent state laws and, even if it had not been, federal laws pre-empted the state statute.
The ruling in the three-year-old case makes permanent a temporary injunction that had prevented district attorneys in Tarrant and Kaufman counties from prosecuting Beltex Corp. in Fort Worth and Dallas Crown Inc. in Kaufman. The two plants slaughter dozens of horses a week for human consumption in parts of Europe and Japan.
After former state Attorney General John Cornyn issued an opinion that a 1949 state law barred sale or transport of horse meat inTexas for human consumption, Tarrant County District Attorney Tim Curry said he would enforce it. In response, Fort Worth attorney David Broiles asked the federal judge for an injunction to allow the plants to keep operating.
Karin Cagle, an associate of Mr. Broiles, said the owners were happy with Thursday’s ruling but still face a potential nationwide ban on horse slaughter from the Congress this fall.
"The actions by the activists hang over their heads," Ms. Cagle said. "Their businesses aren’t secure because a few vocal people are out to get them."
Ann Diamond, an assistant district attorney who aided Mr. Curry in the state’s case, said the key to banning slaughter could lie with Congress. Her office was still reviewing Judge Means’ ruling and had not decided whether to appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. The deadline for an appeal is Sept. 26.
"If this is the final decision, then both the state legislature and national legislature have to act," Ms. Diamond said. "Either the Congress has to pass a nationwide ban, or they have to enact a law that allows Texas to pass a law banning it."
E-mail jgetz@dallasnews.com
---
Posted on Fri, Aug. 26, 2005
Horse slaughter plants ruled legal
By Barry Shlachter
Star-Telegram Staff Writer
A U.S. district judge has ruled that horse slaughter at two Texas plants is legal because federal law trumps any state prohibition.
Animal rights groups expressed disappointment by Thursday’s ruling, which was made public Friday by Tarrant County District Attorney Tim Curry.
Chris Heyde, Society for Animal Protective Legislation, expressed hope that a third attempt to pass federal legislation outlawing horse slaughter might succeed this session.
"We’re delighted," said Jim Bradshaw, a spokesman for the two European-owned plants, Beltex in Fort Worth and Dallas Crown in Kaufman. "We expected it but feel comfortable that the ruling was made. It really doesn’t change anything other than give relief in not having something hanging over your head."
The two plants have been operating under court order since district attorneys in Tarrant and Kaufman counties moved to close the facilities in 2002, citing the Texas Agriculture Code. Kaufman county later dropped out of the action.
In his 19-page ruling, U.S. District Judge Terry Means called the horse slaughter provision of the agriculture code "complex and convoluted" as well as in conflict with the state’s own health and safety code, and overtaken by other Texas laws that recognize such slaughter. Moreover, federal laws regulating interstate commerce outweigh any state prohibition.
