Texas Lawsuite Information

Jan 17, 2006
United States Court of Appeals for the Fifth Circuit Ruling on Texas Ag. Code 149

Jan 25, 2007
Court: Horse Slaughter is Illegal

Jan 20, 2007
Court Rules on Horse Slaughter-KXAN TV

U.S. District court lets foreign horse meat plants win

A Texas law from 1949 was enacted to prevent the slaughter of horses. In August 2002, a decision by the Texas Attorney General stated that the Texas law stands. The Tarrant County DA in Texas immediately started pursuing the enforcement of this law.

BelTex, Dallas Crown and Empacadora de Carnes de Frenillo, the Mexican slaughterhouse owned by Beltex and uses U.S. roads and ports to ship horsemeat overseas, jointly filed suit in U.S. District Court to stop the enforcement of the law. They claim that Texas cannot enforce its law as they are protected by Federal Law which overwrites State law.

The DA’s office intended "to vigorously defend this lawsuit. For over 50 years, the Texas Legislature has had a law on the books that bans the sale of horse meat for human consumption. We will defend the right of Texas to continue to have such a ban, not only on the books but in practice. We will fight to protect the ability of Texas D.A.’s to enforce the ban as written by the Legislature and as declared by the Texas Attorney General. We will conduct this fight vigorously and in accordance with the rules that govern federal lawsuits.”

On August 25, 2005 the U.S. District Court ruled in favor of the horse meat plants and against the DA of Tarrant County, Texas. Motion for Summary Judgment was granted because Texas law is "preempted by the federal Meat Inspection Act" as Judge Means ordered.
Order on the Ruling (PDF)
Judgement (PDF)

March 8, 2006
Animal Protection Group asks Court of Appeals to reinstate Texas Law banning Sale of Horsemeat

Documents filed in U.S. District Court, Northern District of Texas Fort Worth Division, Case No. 4-02CV0804-Y

December 29, 2003
Correction/Update to a representation made to Court regarding "Mad Cow" Disease

December 1, 2003
Plaintiffs' response to defendant's motion for summary judgment and reply to defendant's response to plaintiffs' motion

November 25, 2003
Order granting agreed motion to extend time to file briefs

September 22, 2003
Defendant Tim Curry's Motion for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment

September 22, 2003
Brief in Support of Defendant Tim Curry's Motion for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment

September 2, 2003
Plaintiffs' Motion for Summary Judgment with Brief, Beltex et al vs. Tim Curry

July 16, 2003
Joint Report Regarding Legislation Status, Tarrant County DA filing in federal lawsuit

May 29, 2003
Amended Court Order granting Walton's motion to dismiss

May 16, 2003
Scheduling Order Beltex & Dallas Crown v. Tim Curry

April 22, 2003
Court Order partially granting Plaintiffs' Motion - Slaughter Plants vs. Tim Curry

April 22, 2003
Court Order granting Walton's motion to dismiss

April 7, 2003
Court Order rescheduling hearing

March 31, 2003
Court Order granting USDA motion to dismiss

March 17, 2003
Answer of Tim Curry, Tarrant County DA to Plaintiffs' Amended Complaint

February 7, 2003
Response of Ed Walton, Kaufman County DA, to Plaintiffs' Motion for Leave to File Amended Complaint

October 15, 2002
Plaintiffs' Reply to Defendant Tim Curry's Opposition to Temporary Injunction

October 11, 2002
Tim Curry's Response to Plaintiff's Motion for Temporary Injunction

October 4, 2002
Plaintiff's Motion for Temporary Injunction- Beltex/Dallas Crown vs. Tim Curry et al

September 26, 2002
Text of Lawsuit: (MS Word format) Beltex et al v. Tim Curry et al PDF format