Can you sue a breed registry?

[Hoofbeats]

If a breed registry states one of its missions is to improve the breed, yet knowingly allows animals with genetic defects to breed, and also publicly misstates the percentage of potential carriers it has registered..do members have the right to sue the registry for allowing this? There is a reliable test for the genetic defect in question and it affects only one bloodline. It is not recognizable visually, but can be fatal. Breeders and sellers of affected animals are not even required by the registry to to disclose this.
These are large, expensive animals and the sudden collapse of one can be dangerous to anyone nearby.

 

[Tracey]

I don't know that suing the registry is the best route to achieve your desired results. Does the registry hold elections for the board of directors? You could team up with some other breeders and run your own candidates who would require the tests.

A cheaper and probably more effective alternative would be for YOUR breeding operation to advertise its horses as "Guaranteed free from the genetic defect (insert name)!" Then charge and extra $100 per horse for the guarantee. (Think dolphin-free tuna or hip displaysia guarantees for German shepherds. )

Once buyers see the guarantee, they'll start asking other breeders if their farm offers the same guarantee. Consumer pressure will weed out the defective bloodline without having to create a registry oversight committee and pay someone to administer the tests and track the results.

BTW, what's the breed and the defect?


Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 19, 2000).]

 

[Hoofbeats]

This affects all breeds who allow Quarterhorse crosses. The source of the defect was Impressive, one of the most famous Quarterhorses of all time.. The registry I'm concerned with is APHA, American Paint Horse Association. The genetic defect disease is HYPP (Hyperkelemic Periodic Paralysis).

HYPP seems to also provide extra musculature,
making these horses extremely popular with those who show in halter classes. Not all horses with the defect are halter quality and they are sold on down the line to pleasure riders, often first time buyers, who think they're getting a pretty horse with great bloodlines, and know nothing about the potential risks. These horses can literally collapse beneath the rider.

The voting representives are heavily weighted by halter owners/breeders, who, by my estimates, are the major source of income for the monthly magazine and the registry. They are THE political force in the organization and are concerned with their own best interests. At the club level, again the halter owners/breeders dominate and this is where the elected representatives come from. Those that show outside of APHA sanctioned events, pleasure riders, and 'family owners' never hear of this and do not know the risks they are taking.

My statistics show the potential for HYPP is increasing. So..can the registry be forced to abide by its charter?