On April 28, 1994, only 38 days after Mayor Giuliani
signed the bill known as Local Law 2 into effect, a carriage horse collapsed
on the streets of Manhattan. It had to be euthanized by vets from the
Animal Medical Center. Days later, on May 16th, another carriage horse
collapsed and died. In the first part
of her article, Laurie Jordan explored the history of the Carriage
Horse Trade, up to the enactment of Local Law 89. This article concludes
that story.
In the Fall of 1989, favoring more restrictive legislation on the Carriage
Horse Trade, City Council Speaker Peter Vallone made impassioned speeches
and quoted Gandhi, proclaiming: “The worth of a nation can be
judged by the way it treats its animals.”
Mayor Koch vetoed the Dryfoos Bill (his campaign had been backed by
Thomas Manton, a staunch supporter of the Carriage Horse industry),
but for the first time in twenty years, the City Council overrode a
Mayor’s veto and enacted the Bill by a vote of 28-4. This became
Local Law 89. Unenlightened Councilmember Noach Dear (not “dear”
to the carriage horses, he is set against any regulation of the industry),
and three other councilmembers were absent. Theirs were the four “No” votes.
Immediately, drivers rebelled and petitioned a two-week stay, subsequently
filing a $415 million lawsuit against the Carriage Horse Action Committee
and ASPCA. The time-consuming suit detained the passage of another bill
(as was intended) and accrued expensive legal costs.
Although five agencies were chosen to enforce LL89, there was still
little enforcement. Carriages were seen in restricted areas, especially
in the theater district before curtain up, and horses were still living
and working in deplorable conditions. Although under this ruling drivers
were permitted to operate with four passengers, there were often up
to six and sometimes passengers could be seen sitting — illegally
— in front with the driver. If horses were seen in midtown traffic
during rush hour, drivers simply said they were bringing them back
to
their West Side stables. Due to loopholes in the law, drivers could
often be seen in restricted areas with their carriages. When citizens
pointed out violations, drivers became insolent and threatening.
Summonses were repeatedly “lost” or disregarded in city
agencies, to the degree that police officers stopped trying to enforce
regulations, feeling it was a waste of their time. Many officers were
not even aware that laws existed protecting carriage horses and thought
(incorrectly) that city horses were accustomed to traffic and noise
— and so didn’t issue carriage horse violations.
Three Accidents
In May 1990, only five months after LL89 was enacted, three accidents
occurred. One, due to faulty harnessing, ended in a wild police chase
to stop a panicked horse. Another involved an unattended horse at Grand
Army Plaza, resulting in four wrecked yellow cabs and a hospitalized
cab driver. The third took place when a carriage horse named Tony was
hit by a Metro Apple bus. The bus driver forced his vehicle upon Tony
repeatedly while weaving in and out of lanes during rush hour.
Another driver, Ms. Young, who was driving the carriage behind Tony’s,
said in her deposition: “The bus started to overtake them...weaved
in and out of the right lane, got too close and struck the horse’s
head with its right side... The bus continued to move as the horse continued
to get struck and finally went down, losing its footing in the asphalt,
until it spooked, screamed and fell to its death under the bus.”
She added that the bus appeared to be “playing” with the
carriage. No one was charged with any violation, neither of traffic
laws, nor Local Law 89, nor cruelty to animals.
Tony and one-half of the carriage horses were owned by an Aer Lingus
pilot who resided in Ireland. The owner was not held responsible, nor
was the bus driver. Tony was disposed of in a landfill. The Metro Apple
bus passengers were one hour late in returning home that evening. It
was back to business as usual.
Proponents of LL89 pressed on. The merits of LL89 — fewer accidents
or traffic tie-ups in midtown, and less abuse to horses — were
being played down by the carriage industry, and attempts were being
made to eliminate the law. Although 95% of practicing vets and veterinary
schools were in favor of LL89, this had little impact and was largely
ignored when a less restrictive but ridiculously complicated (and unenforceable)
bill (Int. 410-A) was introduced.
Mayor Dinkens vetoed the bill, saying it would place carriages in environmentally
impacted areas, which neither he nor the EPA would approve. However,
the main issue was an implicit major loss of federal transportation
dollars if NYC traffic was further impaired.
Even with an outrageous lack of enforcement, carriage drivers still
complained that the law was hurting them economically and that ridership
was down. Noach Dear (soon to be Chairman of the Committee on Transportation)
called an oversight meeting to “examine the economic impact imposed
on carriage owners by LL89.” It should be noted that these events
occurred during the recession and all industry was affected. Interestingly,
there were more carriage drivers than ever.
On August 13, 1993, Speaker Peter Vallone vowed to renew regulations
on the horse and carriage industry and to extend LL89 to December 31
of that year. Although his bill (797-A) was introduced, he didn’t
want it publicized until after the elections on November 2. This would
allow only a few weeks for hearings which normally took months.
Mayor Dinkens vetoed Int. 806-A in December of 1993, saying he did
not wish to pass any law which would add to the horses’ burden
or further congest the city. He expected the council to initiate more
favorable
legislation before Mayor-elect Rudolph Giuliani took office.
Incidents of abuse were cited, although carriage horse drivers insisted
they did not overwork or exploit their horses. In one of the most brutal
winters, from late December through mid-January, horses were not blanketed
and were left to stand outdoors daily while drivers were observed intoxicated,
sitting huddled with blankets in the backs of carriages, drinking brandy
or hot coffee to keep them warm in sub-freezing temperatures. When
pedestrians
or motorists approached carriage drivers with valid complaints, such
as observing more than four passengers in a carriage, or watching a
driver whip a horse that had skidded on icy streets, they were met
with
obscene gestures, rhetoric, threats, and responses such as “We’re
free from your ——— laws.”
Local Law 2
Many more maneuverings, meetings and hearings led to the expiration
of LL89. It was replaced with a much more lenient Int.28-A, which became
Local Law 2. Although in his campaign, Mayor-elect Giuliani had promised
to support humane legislation for carriage horses, like his predecessor
Mayor Dinkens, he reneged with the backing of Councilmember Thomas
Manton,
and replaced LL89 with Int.28-A (LL2). Proponents of LL89 consider
LL2 a fraud offering little protection for the horses. It was in fact
nothing
more than a concession to the budget and carriage industry, certainly
not humane legislation. It has been characterized along the lines of “some
law is better than no law.”
Since the signing, two horses have died on the streets of Manhattan.
No necropsy was performed in either case, but a diagnosis indicated
poor horse management (poor feeding routines, lack of water, inadequate
medical attention and stabling practices).
Some blamed it on ‘tying-up’ syndrome, an extreme cramping
of the rear legs, which can cause them to collapse, leading to the horse’s
death. Tying-up syndrome can occur in well-maintained stables, but
generally
happens in horses that are poorly cared for. If the horse has not been
warmed up before working all day (long hours without break periods
in
cold weather), this condition can occur. Summer months cause other
problems. Fluid and electrolyte disorders are major factors in the
development
of exhaustion. When working horses are not given enough water, their
body temperatures become dangerously high. Sweat rates may approach
10 to 12 litres per hour with prolonged exercise.
Horses must have access to water in hot environments. A sedentary hay-fed
horse is said to take in 18-27 quarts of water daily. Carriage horses
are not sedentary. Unlike a dog, a horse will not rest when it becomes
fatigued or dehydrated. It still continues to do as its master beckons.
Is it any wonder horses become exhausted and collapse on city streets?
The Human Factor
Horses are not the only innocent victims of the industry. Two-legged
animals are also affected. In September 1985, four elderly women, all
retired school teachers, were catapulted from their carriage when their
horse, frightened by the panic and noise of a horse carriage behind
them that had been hit by a speeding car, also bolted into the intersection,
and collided with a limousine, ending up on the hood before falling
to the street.
All the women returned home to Boston in wheelchairs and slings. No
one was compensated for medical or court costs which none of them could
afford. One of the ladies is going blind in one eye due to severe trauma
to the head. The judge ruled the incident “an act of God”
due to the fact that the horse had no previous record of “dangerous
propensities.” This is only one case of many, and usually the
victims are not compensated, no matter how severe their injuries.
It is ironic that carriage horses are allowed to have such freedom in
a city known to have the worst traffic congestion in the nation. Other
cities such as Chicago and L.A. employ limited hours and specific routes,
some only during prescribed times of the year. How many more accidents
must occur before tougher legislation is enacted?
The next time I hear that all-too-familiar greeting, “Hey lady,
can I offer you a carriage ride? Special today...,” etc., I’ll
make sure I say loudly and clearly, “No thanks. I’d rather
walk. It’s better for my health and the horse’s.”
A retraction: Please note that there was no connection between the
law firm of Manton, Dowd, & Dennisi and attorney Albert J. Anastasia,
Jr. They were two separate entities — the only similarity being
that both represented the interests of the carriage operators during
the early 1980s.
For copies of the first part of this article, please call Satya.
To express your concern, please write to Mayor Giuliani’s office:
The City of New York, Office of the Mayor, New York, NY 10007 and/or
to City Council Speaker Peter Vallone.
Thanks to Peggy Parker of the “Carriage Horse Action Committee” for
invaluable information. To find out more about this issue, contact
The Carriage Horse Action Committee (CHAC), in New York City: 212-724-4414.
Laurie Jordan has been an animal advocate for
eight years and has been a vegetarian for nine. She teaches a group
of ten-year-olds who believe that “carriage horses deserve our
helping hands.”
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The
Carriage Horse Action Committee:
What should be done
1. A reduction of medallions by half, from 68 to 34, on a voluntary basis
or then through a lottery. All excess horses would be purchased at twice
market value and permanently retired to private homes in the tri-state
area by The Carriage Horse Action Committee’s “Dobbin Society.”
2. Rides should be restricted entirely to an area within Central Park.
Private donations will supply a standing carriage area on the South Drive
within the Park, with a well-lighted and signposted path leading to the
area. Information about the rides will be in tourist centers; license
fees and carriage fares will be increased to offset costs of signs and
brochures. A monthly sanitation fee will be imposed on carriage owners.
A stable will be built to house all carriages and horses, plus the mounted
police divisions stationed in Manhattan.
3. Carriage rides may be offered from 10 am to 12 midnight, on all days,
with the exception of weekday peak traffic hours of 4 to 7 pm. Drivers
cannot leave the Park from 4 to 7 pm at all, or be outside the Park before
10 am or after 12 midnight.
4. Safety standards, higher liability insurance, state driver and chauffeur
licenses should be raised or mandatory.
5. Standards for equipment and condition should be set.
6. Standards for horse age (not less than three, not more than 20), breed,
health and fitness, or suitability, should be established.
7. Horses should only work a maximum of 8 hours a day, providing every
third day is free from work, and one month after each three in NYC is
reserved for rest, unshod, on pasture to relieve hoof stress, provide
fresh air and freedom of movement.
8. Standards for carriage driver dress should be established identifying
the driver’s employer/company.
For more information, call CHAC at 212-724-4414.
Some changes from LL89 to LL2
1. Carriage horse working hours extended to ten hours a day, from eight,
seven days a week.
2. Passenger load raised to six people from four (additional passengers
must be under 12).
3. Driver training program abolished; written exam only on a walk in,
demand basis.
4. Abolition of ASPCA as enforcers of humane laws.
5. Carriage owners no longer liable for a driver’s criminal or civil
actions.
6. The word “cab” instead of “carriage” used throughout
law to enhance idea of carriage horses as a mode of city transport.
7. Reduction in fines levied against drivers in violation of temperature
restrictions for working horses.
8. Drastic reduction in restricted areas: now only area between 42nd and
51st Streets. Other restricted areas only so during theatre hours.
9. Free access for carriages to all areas after 7pm on weekdays, and all
times on weekends. Only exceptions 42-51st street, between 7th & 8th
Avenues.
10. Liability insurance remains only $20,000 — other cities require
$300,000 to $1 million.
11. Carriage fares double for first half hour ($17 to $34), but are halved
($10 to $5) for every additional fifteen minutes.
12. Ban on driving on Independence Day lifted; on most holidays carriages
are free to operate.
For more information, call CHAC at 212-724-4414.
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