"The Case of the 'Docked' Tail"

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“Like Aesop’s fox, when he had lost his tail, would have all his fellow foxes cut off theirs” Robert Burton, Anatomy of Melancholy (1621)

Docked tails and controversy go hand in hand. Yet docking, or shortening of the tail, has been around in many species (horses, dogs, lambs, etc.) for centuries. This practice can be traced as far back as ancient Greece. The ancient Greeks believed that docking tails could prevent the animal from contracting rabies. Ancient mythology and mystic lure refer to Centaurs (half-man, half-horse) and Unicorns (horse with a single horn in the center of its forehead) as mystical creatures many times pictured with docked tails. Docked animals have been historically linked to sorcery and magic as possessing some sort of mystical power. So why is there such a hue and cry about docked tails, and what is the legal status of this procedure?

Before beginning our legal analysis, let us briefly review some of the arguments, pro and con.

Those in favor of docking advance the following in support of the practice:

1. When driving horses with long tails, it is not uncommon for the lines to get caught in and under the tail resulting in lack of control of the horse;
2. Keeps the horse and tail area cleaner, not as much of a problem with manure, mud and water, as with a long tail;
3. Old timer argument that docking tails makes the back of the horse stronger, however, this argument has not been recently advanced; and
4. Shows the rear end and flank of the horse far better for judging or assessing a horse.

Those against the practice of docking generally advance two theories, which fall into the following areas:

1. The horse must endure a painful procedure; and
2. The horse is unable to swat flies as it could with a full tail.

Our European friends are strongly against docking. Britain, Scotland, Germany, Norway, to name a few, have outlawed docking. The Belgian Horse Society of Europe has ruled against docking. So what is the law of docking in the United States? The results may surprise you!

The practice of docking is illegal in 11 states and the District of Columbia. My legal research has found anti-docking laws on the books in the following: California, Connecticut, the District of Columbia, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New York, Ohio and Washington. Did you take notice the number of draft horse states that are involved in this list?

The state of Michigan has one of the most comprehensive laws on docking. Michigan’s statute reads as follows, “Any person who shall cut the bone of the tail of a horse for the purpose of docking the tail...shall be guilty of a misdemeanor, punishable by imprisonment in the county jail of not more than one year or by a fine of not more than $500.” (Michigan Compiled Laws Annotated, Chapter 750, Section 60) Not only is it illegal to dock a horse’s tail in Michigan, but it is also illegal to import a docked horse into the state unless it is registered in the County Clerk’s Office with a certificate containing a full description of the horse and signed by the owner. (Chapter 750, Section 62) And, if you fail to register a docked horse in Michigan, you could be guilty of a misdemeanor, punishable by imprisonment in the county jail of not more than six months, or a fine of not more than $250. (Chapter 750, Section 64)

Another major draft horse state, Ohio, has a statute which reads, “No owner...shall cut off or cause to be cut off or amputated the skin, flesh, muscles, bone or integuments of the dock or tail thereof, in order to shorten its natural length or proportions...”

In another draft horse state, New York, not only is it illegal to “cut the bone, tissue, muscle or tendons of the tail of any horse,” it is also illegal to show or exhibit at any horse show or like exhibition, a horse with a docked tail, less you risk being found guilty of a misdemeanor punishable by imprisonment for not more than one year, or a fine of not more than $500 or both. However, there is a grace clause in the New York statute, which provides that the above-cited law shall not apply if the animal involved had the docking procedure performed in a state where docking was not prohibited, and the owner or exhibitor of such animal files an affidavit in a form approved by the New York State Department of Agriculture and Markets setting forth the identity of the animal and that the docking was performed in a state where the procedure is not illegal and identify the name and address of the individual performing the procedure. (McKinney’s Agriculture and Markets Laws of New York Annotated, Chapter 69, Article 26, Section 368 (1) and (2))

Illinois’ anti-docking law is fairly typical, and most of the other states with anti-docking laws are very similar, if not identical, language. Illinois’ statute reads as follows:

“Whoever cuts the solid part of the tail of any horse in the operation known as docking, or by any other operation performed for the purpose of shortening the tail,...unless the same is proved to be a benefit to the horse, shall be guilty of a Class A Misdemeanor.” (West’s Smith-Hurd Illinois Compiled Statutes Annotated, Chapter 720, Act 315, Section 1)

The benefit clause in the statue essentially means for the health and safety of the horse due to such things as injury or infection.

All of the statutes in question refer to “cutting the bone or tail.” Many of the vets that I have talked to prefer a method of docking known as “banding.” This is used on young or newborn foals and involves using a rubber band placed very tightly around the tail. The end portion of the tail simply shrivels up and falls off in a short period of time, generally not bothering the foal or causing any problem. Is banding outlawed by the above-referenced statutes? It appears not, since, technically, the bone is not “cut” in the banding procedure. However, an older or mature horse may require a surgical procedure to actually cut the bone. This procedure can be safely performed, and in some cases may be done due to disease, infection or injury.

Many of these anti-docking statutes originated in the early 1900s, and a review of the states with such laws reveal that the anti-docking statutes are not being enforced today. It appears these laws do not reflect modern thought of many draft horse owners. In fact, two states, Iowa and New Jersey have repealed anti-docking laws.

Enough legal talk–it’s time to hitch horses.

Ken is a practicing attorney in Myerstown, Pennsylvania, where a good bit of his practice involves negligence cases. Ken and his wife, Karen, own Sunny Hill Farm Belgians, and they have been exhibiting their six horse hitch for the past few years at most major shows in the east.