Undercover video gathered by the Humane Society of the United States led to the conviction of walking horse trainer Jackie McConnell. Image courtesy HSUS

One of the remaining skirmishes for the Tennessee legislature this year pits agriculture interests and animal rights activists in an effort to block undercover investigations of livestock abuse.

A proposal being considered in 11 states requires someone to go to the police immediately if they take photos or video of animal abuse.

“Investigations and documentation – if that’s what was required – needs to be done by law enforcement, not by vigilantes,” Sen. Dolores Gresham (R-Somerville) said on the Senate floor Thursday.

The Humane Society of the United States has become a target after making some big splashes in recent years with undercover video. Sick cows that could barely stand on their own were caught on camera being prodded into a slaughterhouse. The result was a massive meat recall out of California.

In Tennessee, trainers were caught clubbing walking horses across the face and applying chemicals to their ankles – an illegal technique known as “soring” that makes the horses kick higher because of the pain.

The footage was compiled into a documentary-style presentation and made national news, ultimately leading to the conviction of Hall of Fame horse trainer Jackie McConnell.

Questionable Intent

McConnell’s horse farm outside of Memphis falls in Sen. Gresham’s district – a point made by Senate Majority Leader Mark Norris (R-Collierville) as he questioned the real intent of the legislation.

“There’s something wrong with this bill,” he said. “I guess one way that you could put it is it’s not designed to prevent animal cruelty. It’s designed to prevent the filming of animal cruelty.”

Norris suggested that a vote be delayed until Tuesday, asking why the proposal doesn’t require someone who simply witnesses abuse to report it, whether they have photographic evidence or not.

Animal rights groups have dubbed this type of proposal an “ag gag law.” They argue that law enforcement such as the USDA needs to see a pattern of abuse.

Going to the police within 48 hours only tips off the offender and gives them a chance to explain it as an “isolated incident,” says the Humane Society’s Matthew Dominguez.

Industry Support

“And if this is really about stopping abuse, why does it apply only to livestock, not pets?” Dominguez asks.

The proposal does have industry backing.

Tennessee Cattlemen’s Association executive vice president Charles Hord says his organization wants evidence of abuse turned over quickly so “animals can be rescued or removed from the environment if need be.”

The Tennessee Walking Horse Association has yet to take an official position, according to president Tracy Boyd. But he says, “we support any footage of abuse being turned over to law enforcement.

Already in Kansas, Montana and North Dakota it is unlawful to take pictures of agricultural operations without consent of the owner.

And while Tennessee could have its own restrictions soon, it’s worth remembering lawmakers are nearing the end of the session. And if debate on animal cruelty looks like it may keep them in Nashville a day longer, it may just get delayed until next year.