Bureau of Land Management Refuses Public Photographing of Wild Horse Roundups

Thursday, January 12, 2012
Photographer Laura Leigh has taken her legal battle to gain access to wild horse roundups by the Bureau of Land Management (BLM) to the Ninth Circuit Court of Appeals. Leigh is a credentialed member of the media representing Horse Back Magazine.
 
Leigh contends that the BLM’s refusal to allow her to observe and record the gathering of the horses constituted a restriction on freedom of the press. She also sued to stop the agency from using helicopters to chase down the feral animals.
 
The BLM is holding more than 45,000 captured horses in long-term corrals, while others are killed and sold as meat to foreign countries.
 
The position of the BLM is that allowing the public close enough to the roundup that they could photograph the event would endanger the onlookers and could possibly scare away the horses before they could be caught.
 
Leigh lost her case in a lower court and appealed to the Ninth Circuit, where her attorney has argued that the BLM was practicing censorship by keeping his client away from the roundups. “Because the published material is controversial and portrays the government in an unfavorable light, the government’s effective preclusion amounts to content-based censorship,” Gordon Cowan wrote.
 
A decision is pending from the appellate justices.
-Noel Brinkerhoff, David Wallechinsky
 
Feds Defend Press Limits to Wild Horse Roundup (by Dave Tartre, Courthouse News Service)
Access Issue Suit Goes to the Ninth (by Laura Leigh, Wild Horse Education)
Wild Horses: Advocate fights BLM, Roundups (by Laura Myers, Las Vegas Review-Journal)

Laura Leigh v. Ken Salazar (Ninth Circuit Court of Appeals) (pdf) 

Comments

katrina lane 8 years ago
A wild horse only has a certain number of times at attempted adoption, then they can be sold to anyone..also the Mr.Davis fiasco the issue however us if there is nothing to hide..why are advocates not allowed at roundups or the holding areas?
Tony Ullrich 11 years ago
i would like to make note and one correction here. you state in this article and i quote "while others are killed and sold as meat to foreign countries." although the blm has the authority to sell excess horses to the highest bidder, it has never done this, any branded horse you see in a kill pin or in a slaughter house would be a titled horse. which means it has an owner. the public and the blm are no longer responsible for the. the blm does not send horses to slaughter. i would like to mention that, until laura's law suit i had never had a problem getting access to photograph a gather. her suit had little to do with gaining access but more to do with her trying to get special access. the access she tries to demand is a safety issue. i could see it now, as horses come into the trap she jumps up to take a photo the horses freak out crash into the panels not only does she get more pictures of a wreck but she gets injured, can we see the law suits flying from this??
Mustang Camp 12 years ago
you boys should have done your homework. the blm does not round up 30k a year and send excess ones to slaughter. fact checking is a good idea.
FrancisG 12 years ago
the case in the lower court had issues involving standards that may not have been applied correctly to this case. in the underlying case (at one point) the lower court judge appears to have this case and another that dealt with foaling season mixed up. (read underlying case) the suit re:helicopters is not to stop the use of helicopters (although a tro was issued that shut down the chopper) it addresses the lack of humane care standard. the other case (hearing in reno end of the month) asks for a care standard and protocol for violation. the "safety" issue is a new "argument" as preclusion only occurred after images that were unfavorable to the program were released. this case is an important case even beyond the scope of wild horses. it addresses the issues of reporting public land management actions to the public.
Janet Schultz 12 years ago
the writer here makes his argument that public inspection of the horses as they come in at roundup would be frightened and escape. for anyone not familiar with the roundups, this makes sense. however, it is not the truth. the roundups are peopled by at up to 30 or more people hired to attend the roundups as wranglers, onlookers, vets, vet assistants, humane society attendees, guests of bureau of land management, photographers and videographers filming for bureau of land management. there are on site representatives of the contractor as well as bureau of land management. there are also the attendant vehicles scattered about the trap site. it is ridiculous to say that one more person(s) will cause the gather to fail. what is at stake here is credibility. the helicopters are used to gather the horses, some day after being run for hours. the close examination of the horses will reveal the extent of injuries during the roundup - which at times is through sagebrush, over volcanic rock, during the heat of the summer and cold of the winter. there are photographs of hooves run off, broken legs, sagebrush branches run through shoulders and chests, slashed faces after roundup. if we are to evaluate the use of the helicopter we have got to determine its value versus injuries to the horses. the ultimate goal for all the horses gathered is adoption by the public, either after or before training. injuries will stop that process and is unacceptable. domestic horses are cared for with kid gloves and rightfully so - as should the wild horses. refusal to accurately record injuries indicates a lack of cooperation with a caring public. we do want to know.
golde w 12 years ago
these are very uninformed writers....they should get their facts right....they are wild horses that are being rounded up....not feral...
Dorothy 12 years ago
if the blm rounded up 30,000 horses a year they would all be gone. there are more wild horses in holding than exist in the wild. it is so important that there be photo documentation of these gathers.

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