New Video from 2/9

The “relentlessness” (only word I can think of) of the outrageous conduct at the Antelope gather continues.

The issues are so many and range from actually having to notify official personel that there was only one 50 gallon water trough for 10-30 horses (do the math… 15 gallons each day per horse) to the conduct that demonstrates the pilot repeatedly flying dangerously close to horses (despite the BLM press release… c’mon!).

Have we learned nothing? Has our government become a dense faction of ostriches and cowards?

We have horses dying behind the “Iron Curtain” of Broken Arrow(aka Indian Lakes) of pneumonia. I warned them at Eagle and Callaghan that these horses are vulnerable to respiratory illness. Because there is no “temperature rule” we will have the same vulnerable population entering the warehouse system from Antelope.

Is America a leader in humane treatment or are we a “sell-out” nation?

****Note about 2/3 of the way through Is that Sun-J wrangler beating a horse in the face with his “baggie” and then turning the whip around to hit him with the stick end?

Antelope photographs

I take about 1000 frames each day plus hours of video.

I have been doing a video of each roundup with a voiceover that describes the area and AML, etc. This one I just put to music… cause it has taken too long. Articles coming soon…. Interesting article for Horseback very soon…

It’s been snowing all day… maybe the helicopter wont fly in the am? I have seen so many bands broken up by this pilot… He starts with a larger group and only a few come in… or he has to let a band go. Many of the horses are lathered… really lathered. The layout of each trap does not make sense. I am worried about what he has left on the range in his wake.

When we get to the point in time when a roundup takes place the time for policy talk ends… it becomes an issue of literally life and death for these animals. A dialogue needs to take place to evolve the methodology used to stampede horses and treat them like pests… This is the only animal in our history to have an entire act of Congress devoted to it….

President Obama… are we a civilized nation? Do we as Americans still value compassion? Or have we sold that off to the highest bidder?

I’m tired… goodnight.

Catching up…

 

December 16, 2010

FOR IMMEDIATE RELEASE

Contact: Info@grassrootshorse.com

Two briefs were recently filed in the ongoing lawsuit brought by journalist Laura Leigh against the Bureau of Land Management and Department of Interior. The briefs are in connection with the Silver King wild horse roundups conducted in Nevada this past September. The case pursues the public‟s ongoing right to accountability on the whereabouts of these horses after capture.

Leigh‟s suit champions the public‟s and her own right to reasonable access to observe all aspects of the government‟s handling of the wild horses taken from the Silver King herd management area near Ely, Nevada. This lawsuit is based 100% on violations to First Amendment rights. It directly challenges, the Defendants‟ unconstitutional prior restraints on the Plaintiff‟s First Amendment rights by denying her reasonable access to wild horse roundups and related activities, to observe and report on all activities from capture, removal, processing, shipping, transportation, housing, and ultimate disposition of wild horses taken during the Silver King wild horse roundup operations (which the BLM euphemistically refers to as a “gather”).

Following hours of testimony November 16 when Judge Hicks heard Leigh‟s evidence against the BLM and Dept. of Interior, the judge agreed to allow the parties to submit additional briefs including a supplemental brief from the plaintiff as an offer of proof of the testimony and other evidence the judge refused from evidence at the hearing.

Justice Department attorneys for the BLM argued that since the roundup had already occurred, the case was mooted. Leigh‟s attorney, Gordon Cowan, argued, “[the mere cessation of illegal activity in response to pending litigation does not moot a case, unless the party alleging mootness can show that the „allegedly wrongful behavior could not reasonably be expected to recur.‟" Much case law was cited where other courts upheld Cowan‟s argument. One court concluded that, without such an exception to „mootness‟ the courts would be compelled to leave the, "defendant ... free to return to his old ways."

Conduct by the BLM at the Twin Peaks roundup in Twin Peaks CA was cited. On August 24, 2010 a New York Times reporter and photographer were allowed directly into the horse capture trap during the moment of wild horse captures. At that exact same time, Laura Leigh‟s press credentials were not being recognized by the defendants‟ officials there; and she was precluded from having access to the trap area and held back nearly a half-mile from the trap. On this same day, Laura Leigh was not allowed to walk on public land to a public road to photograph horses leaving the traps after they had been captured and loaded onto a trailer. When standing in the identical area where other members of the public were allowed to freely pass to and from their cars to the viewing area, Ms. Leigh was instructed to move and go back to the viewing area; that if she refused, it could elevate to the “next level,” which she was advised by defendants, meant she could be arrested. Many almost identical scenarios are repeated at previous and subsequent roundups attended by Laura Leigh and her press credentials from Horseback Magazine for whom she reports, are routinely denied.

Cowan‟s brief also contends the complaint is not moot where it seeks Injunctive relief to gain immediate access to horses being warehoused in facilities closed to the public, and to have the public and press observe these horses not just during their capture, but at all stages of their journey through the BLM‟s wild horse removal program.

Leigh was precluded from providing evidence that mootness didn‟t apply. The judge would not allow evidence of the BLM‟s conduct occurring elsewhere such as the closing to the public of the Indian Lakes horse holding facility. Prior to Indian Lakes‟ closure (in June) public tours of the facility were given weekly. Leigh and colleagues photographed and videoed difficult images from these tours, including images of a foal nearly starved to death, an eight month old colt dying because his feet were damaged from a recent roundup, horses with abscesses apparently suffering from pigeon fever, and other tough images. BLM‟s Dean Bolstad, according to the brief, complained to Leigh over the barrage of emails he received from displeased citizens who viewed the published Indian Lakes images.

Injured baby at PVC (how many at Broken Arrow?)

BLM‟s Bolstad sent an email to superiors arguing that “Indian Lakes” should close to the public because of the, “damage that is being done to BLM‟s image as a result of the tours.” This offensive email is attached to Leigh‟s brief. The brief also conveys that Bolstad at one point called Ms. Leigh a terrorist simply because she published her photos taken at Indian Lakes.

All subsequent requests to reopen the facility to the public have since been denied, according to Leigh‟s court filing. Since then no horses removed from Silver King who were taken to “Indian Lakes” facility were seen by the public since before their capture on the range. Even members of the public interested in adopting a Silver King horse from “Indian Lakes” would be denied access to view the horse. Horses are moved from “Indian Lakes” to long term holding and the public never has a chance to view them again.

On December 11, 2010 Leigh‟s counsel filed a brief responsive to the Defendant‟s brief that sought to strike or limit the testimony accepted in evidence at the November hearing. The defendants complained they were prejudiced when not notified that the hearing would be evidentiary in nature. The BLM also claimed to have experienced difficulty obtaining copies of Leigh‟s filed witness list from the court‟s electronic document management system. The defendants sought to have all testimony stricken.

Following a thorough brow-beating over the defendants‟ contended “surprise” that evidence would be received at a scheduled hearing, Cowan added, “To claim surprise or prejudice because the defendants were not prepared for an evidentiary Rule 65 hearing, under these circumstances, is entertaining at best.”

The BLM added a new argument to their existing repertoire of “mootness,” now claiming the complaint was somehow “vague”. Cowan argued, “this new „vagueness‟ argument seeks to steer the court astray into thinking the case should be embroiled in administrative proceedings or records which discuss challenges to the inhumanity of the defendants‟ wild horse removal and warehousing process.”

Wont forget you

Cowan in our estimation, “nailed it” when asserting the following:

Although the BLM and Interior Department‟s Wild Horse and Burro removal and warehousing process is one of America‟s greater embarrassing atrocities, this issue is not the focal point of the case. “Inhumanity” is, although ongoing with the BLM‟s “management” of America‟s wild horses, unfortunately, secondary. The case clearly seeks to challenge the defendants‟

continuing removal of interested citizens (not horses) from observing the defendants‟ handling of America‟s wild horses, particularly those horses that entered the defendants‟ process from Silver King.” These horses (Silver King horses in this instance) are being handled, processed, and/or disposed of, or moved, or “lost,” or warehoused even as of this writing. The process doesn‟t come to a halt just because the defendants completed their roundup. The process is ongoing. The roundup is only the beginning of the defendants‟ process. In this instance the defendants‟ process remains entirely secretive and hidden from the public‟s eye. In this instance, Silver King horses entered the process at the front end, beginning with the roundup. They (Silver King horses) are still there, somewhere, within the process, within the Defendants‟ wild horse handling system. There is not one document or notice from the defendants indicating that

all handling of Silver King horses has been concluded. Only the roundup stopped. No document or record of the defendants states or even implies that they (the defendants) have concluded all handling, processing and warehousing of Silver King horses. These First Amendment violations occur and are repeated each and every time Ms. Leigh or citizens are turned away, or refused access, or are kept back, or are denied appropriate observation, entrance or access to any portion of the defendants‟ processes. The most outrageous part of it all, is that the defendants continue on the same secretive, private course as if citizens possessed no right at all to observe the government in action. This is shameful.”

Trying to see Broken Arrow (film students)

Laura Leigh‟s legal actions are supported by Grass Roots Horse, Inc. an equine welfare and mustang advocacy group. The legal actions can be viewed at www.grassrootshorse.com Field Reports on wild horse roundups and related information can be read at http://blog.grassrootshorse.com

*********Please be aware that “Indian Lakes” used to be called “Broken Arrow.” At first it was called “Fallon facilty.” This creates an issue where search engines do not pick up full history. It also creates an impression that there are more facilities.

Horses are dying there every week… that we will never see… Silver King, Twin Peaks, Callaghan…

Tonopah

It has been a bit of a “rough trek” trying to report to all of you the treatment of our horses as they are rounded up and handled by the BLM. I am still trying to get a report on the actual trap for Horseback.

In Tonopah we had an AML of 3 at Paymaster because they didn’t want to list as a “zero out” and to allow a horse or two to cross the border on occasion.

Observation was discriminatory, again.

It has taken me some time to edit the footage together that I have to give you all a “taste” of the frustration. It is frustrating to view the tapes and review the documentation.

Gather reports: http://www.blm.gov/nv/st/en/fo/battle_mountain_field/blm_programs/wild_horse_and_burro/montezuma_paymaster/gather_daily_reports.html

Field office data… Please note the number of “Fast tracked” projects and that so many use WATER. Also note how proud the district is of how much gold and silver come from the land (we all know about mining and what it does to WATER):

http://www.blm.gov/pgdata/etc/medialib/blm/nv/field_offices/battle_mountain_field/blm_information/projects_and_planning.Par.37910.File.dat/Projects%20and%20Planning%20Schedule%202010.pdf

Note the date on this project that utilizes heliostats (water) in the federal registry, Sept. 3, 2010 with expected approval of Dec. 2010:

http://docs.google.com/viewer?a=v&q=cache:SG-yOAYYixIJ:www.loanprogram.energy.gov/wp-content/uploads/2010/09/TCD-NOA.pdf+blm+tonopah+field+office&hl=en&gl=us&pid=bl&srcid=ADGEEShmz2Tjqr-i3koby0E8pe0lb10cF01pEAePDcUDkRYayq_awF4DpcSdoc3LwCEmDoF9ENyDVtXD44r0MCP0TQkHXGAzMw0YjyZP7XAakYoS3PzOFrEzMwh68oQ1Ly5Xj9_BrOfq&sig=AHIEtbR6sG7W9Gp-dkaHiktWZ3jNad4uxw

Warning in New York Times article: 

“The Nevada controversy highlights the emerging conflict between the Obama administration’s plans to greatly expand the use of renewable energy and the concerns of those who fear solar arrays, wind farms and geothermal plants could disrupt or destroy wildlife habitat and soak up precious water supplies in the arid West.”

http://www.nytimes.com/gwire/2009/04/23/23greenwire-park-service-warns-of-solar-projects-impacts-t-10660.html

But OUR horses are just about gone now in this area and the main reason given is lack of water… but we can bend over (literally) to create avenues to “fast track” projects, yet can’t find a way to make sure horses can get water.

 

Silver King video soon… Just need to push through the frustration. 

Edited to add stills.

We watched loading only after Horseback called DC

 

Paymaster AML of 3

 

 

Tonopah's one day of Observation

 

Fighter

The beat goes on

Been on the road and have a minute to try to catch up. I have received a ton of email in the last week. Some of it I have responded to, some not. It’s hard to dig through. If you have sent something urgent that I did not respond to, please send it again… and accept my apology.

So much is happening right now.

People keep asking me “what can I do?”

We had the meeting in Denver. It was honestly filled with promising dialogue. But it is just dialogue at this point. The report wont go to Congress until the fall. Who knows if anything will come after that.

But for now we hear the same beat of the same old song.

http://www.blm.gov/nv/st/en.html

More meetings where we will be told not heard.

A very suspicious gather of horses deemed “estray” by the BLM to be turned over to the NV Dept. of Ag. They go to slaughter… legally under current law. But the timing and the area make you go hmmm… for many reasons.

Rental rates for Solar energy developers are announced. But there is no cost comparison for you to see… for that to be known you need to dig.

Horses continue to die from the Calico roundup. Observers denied an ability to witness the gelding of older horses… told “you have seen all there is to see.”

Gene Seidlitz of the Winnemucca district doing quite the sidestep after talking about cooperative monitoring.

And the beat of helicopters … http://www.blm.gov/wo/st/en/prog/wild_horse_and_burro/wh_b_information_center/monthly_statistics.html

Change in this issue will only come when we have a full cost recovery system on public land. When lease holders actually get off the welfare line. But that action will only come through Congress. On all public land, not just places where horses are being forced off through manipulations of the multiple use mandate, lease holders are being allowed to reap private profit off of the taxpayer. Each lease requires an environmental impact statement that BLM field offices can’t perform in the manner truly needed to determine what those leases will do to our land. Ongoing effects to our wild resources can not be monitored as they should because the “powers that be” (in each field office) are not accountable to anyone but themselves. Conflicts of interest within our BLM/DOI are overwhelming and if they existed in the private sector would find themselves wrapped up in our judicial system in a manner that does not require the public to privately attempt to bring suit.

Write your Congressional representatives.

Write your newspapers.

Write your President.

The issues we are dealing with attempting to gain protections for our wild herds are identical to issues faced with any group looking for reform. In many respects our country is not regulated by our government… our government is regulated by special interests. The “checks and balances” have been removed through the lobby efforts of “industrializing” public land (not just on public land, everywhere)… on the back of a rapidly decreasing middle America.

But the symbol of the spirit of “freedom” is paying a great price.

I do not understand why in this time when America herself stands at this cross road we do not find it inside of ourselves to hold the symbol of the American Mustang high? We need all the reminders we can find of what it once meant to be resilient, brave, free…

not this…

So much for talking…

While we were in Denver listening to BLM’s hired gun Michael Harty act as if his meeting actually meant something … the stallions at Fallon have been castrated. I wonder how many of those smiling faces at that  meeting knew what was happening?

http://www.blm.gov/nv/st/en/fo/wfo/blm_programs/wild_horses_and_burros/calico_mountains_complex/gather_activity_updates.html

Gelding of the five years and older stallions took place this week.  During gelding, one stallion was noted with two cryptorchid testicles and was euthanized, one stallion suffered a spinal injury while in the chute and died on his own and one gelding was found dead in the pen.

The letters I have written (we all have written) go unanswered. Instead Gene Seidlitz of the Winnemucca district replied to Craig Downers letter and cc’d us all.

That is not a reply to MY letter.

He addressed Craig’s fly over… never my questions directly… NOT EVEN CLOSE.

He never responded to my last letter. He has never sent me the schedule for data collection that he invited me to participate in… that started today. He is side stepping and squirming instead of simply answering. Does someone behave that way when they have legs to stand on? Or when they are acting like someone with something to be ashamed of?

A proposal sits unanswered that would have taken in all of these horses at a savings to the tax=payer that would not have required gelding!!!!!!

Does our president care that his BLM… yes Obama’s BLM… behaves in such a manner? A manner that only deserves the label “sociopathic.”

How can anyone go to work in the morning for the BLM and look their children in the eye at night?

Before I left for Denver I said to watch them… best face, big hit.

Watch them now while they close air space and deny me access to observe data collection…. what are they really doing?

I am in the desert and rather beside myself at the moment…. we will NEVER even be permitted to see these older stallions that the BLM has castrated… who died? Does the BLM even care?

I will write more later… I need to walk or something.

How can anyone go to work in the morning for the BLM and look their children in the eye at night?

SaveWildHorses posted this in comments. I think this is a great idea…. start cc ing the White House, Senators on your emails to the BLM.

Yes! And on every correspondence with any BLM official please make sure they see your cc: to the following

Your Senators
Barbara Boxer
all the chain of command in the WH&B and BLM (Don Glenn, Bob Abbey, Ken Salazar)
and the President

Soon, I think we may need to start contacting the Justice Department

What is “Viewer Discretion?”

Struggling Foal pushed by chopper

*Feel the need to put this at the top.

Please do not bombard YouTube. This article is just “food for thought” on the real care we need to use when choosing our words that will define our reality. And a reminder to be “extra” aware right now how we respond to the words we are given.


Many of us post things on YouTube. Kids share their adolescent angst, parents their kids achievements, you can find just about anything on YouTube. I’ve seen flowers grow in slow motion and I have heard from my teens there is a guy that boasts about peeing in mailboxes.

I’ve never had any issues with posting on YouTube until now.

A couple of weeks ago I posted a brief video illustrating some of the actions sanctioned by the Obama administration and carried out by the Bureau of Land Management.

Here is a YouTube of Ken Salazar talking about a trip to Yellowstone he made with Obama.

Salazar was Obama’s choice for head of the Department of Interior. Here is a Youtube of Salazar reading to school children.

The clip I posted simply shows footage and documents location and notes that the foal died and the reason.

Within a couple of hours people had trouble viewing it. They were getting this message:

You must be logged in to view this video.

The following content has been identified by the YouTube community as being potentially offensive or inappropriate. Viewer discretion is advised. Please confirm that you wish to view this video.

This video or group may contain content that is inappropriate for some users, as flagged by YouTube’s user community. Please confirm that you wish to view this video.

This video is unavailable.

A few hours later it was running smoothly and people could see it. Then I was notified that error messages began to appear on the link again, and then in a few hours was back up. Last night I tried to view the clip and received the error for over an hour. (I have uploaded content before from the same program and not had this kind of  difficulty).

The next video was put up to show how horses are processed at Palomino Valley. The intent of that video was to show that observing the process is not as dangerous as BLM is stating as they bar the public from witnessing the horses processed at the new Fallon Facility where the equipment is identical to that in my video.

This video was up for over 24 hours without any issue. Equine Welfare  Alliance put out a press release and within one hour it was flagged. Same code:

You must be logged in to view this video.

The following content has been identified by the YouTube community as being potentially offensive or inappropriate. Viewer discretion is advised. Please confirm that you wish to view this video.

This video or group may contain content that is inappropriate for some users, as flagged by YouTube’s user community. Please confirm that you wish to view this video.

This video is unavailable.


It’s up now and running fine. Again all it shows it processing horses. An action sanctioned by the Obama administration and carried out by BLM.

Flagging the posts in itself really means nothing. It changes nothing.

But what it does do is illustrate language and it’s effect on us. At  first I was confused and upset that the video would not get out to people. Then I received email from others that were really upset that the video was down. People that really care.

So I thought for a minute.

A few definitions courtesy of the internet dictionary:

of·fen·sive

Pronunciation: &-’fen-siv

Function: adjective

1 : of, relating to, or designed for attack <offensive weapons>

2 : causing displeasure or resentment; especially : contrary to a particular or prevailing sense of what is decent, proper, or moral offensive way> —see also OBSCENE —of·fen·sive·ly adverb —of·fen·sive·ness noun

in·ap·pro·pri·ate

Pronunciation: \ˌi-nə-ˈprō-prē-ət\

Function: adjective: not appropriate : unsuitable

— in·ap·pro·pri·ate·ly adverb

— in·ap·pro·pri·ate·ness noun

not appropriate; not proper or suitable: an inappropriate dress for the occasion.

Now let me ask you this:

Was the subject matter contained in the videos offensive?

Was it inappropriate?

(OK,  this creates  another interesting question if the actions in the video are condoned and funded by our government, doesn’t it?).

YouTube warns:  Viewer discretion is advised

dis·cre·tion

/dɪˈskrɛʃən/ Show Spelled[dih-skresh-uhn] Show IPA

–noun

1.the power or right to decide or act according to one’s own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.

2.the quality of being discreet, esp. with reference to one’s own actions or speech; prudence or decorum: Throwing all discretion to the winds, he blurted out the truth.

I believe they can bank on it.