SARATOGA SPRINGS — Local state lawmakers plan to introduce legislation that would close an apparent loophole and make mistreatment of racehorses a felony.
On April 10, thoroughbred owner Ernest Paragallo was charged with 22 misdemeanor counts of animal cruelty, two days after authorities raided his Greene County farm and seized 177 starving and neglected horses.
Unlike “Buster’s Law,” which deals with companion animals such as cats and dogs, equine cruelty does not have felony status.
“As we are discovering now, a racehorse breeder can be charged with the significant mistreatment of the animals he is employed to raise and care for, but there is no provision to charge him with a felony or ban him from complete involvement in horse racing,” said Assemblyman Tony Jordan, R-Greenwich.
“This gap needs to be closed and this is exactly what Sen. (Roy) McDonald and I are going to work towards accomplishing by putting forward this legislation to bring about this necessary change,” he said.
McDonald, R-Saratoga, is a member of the Senate Racing, Wagering and Gaming Committee.
The bill, expected to be introduced shortly, would be specifically geared toward racehorses, not farm animals. It would fall under state racing and wagering law, not agriculture and markets.
Jordan and McDonald said they plan to meet with racing leaders and experts to make sure it helps and protects horses along with the industry.
“We need to ensure the safety of these beautiful and incredible animals, because they play a significant role in the agricultural community here in upstate New York,” McDonald said. “We also need to protect our nationally recognized breeding program by preventing these animals from being mistreated, and also having the means to remove the individual who instituted that mistreatment. It is also important to recognize that studies have shown that people who hurt animals will eventually cause harm to other people.”
Paragallo has surrendered 76 of his horses that have been placed with individuals and rescue groups from Kentucky to Canada, including some in Saratoga Springs. He has pleaded not guilty and is free on bail.
A legal conference between prosecutors and Paragallo’s attorney is scheduled for June 22.
The state Racing and Wagering Board and New York Racing Association have stripped him of all racing privileges pending the outcome of upcoming legal action.
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