**This article is not a substitute for the advice of an attorney.**
Yesterday, Judge Mary Lou Robinson granted the American Quarter Horse Association’s Motion for Stay, allowing the AQHA to continue its practice of not registering clones, at least for the time being.
Earlier this year, an Amarillo jury found that the AQHA rule banning registration of cloned horses violated state and federal antitrust laws. The case is currently on appeal in the United States Court of Appeals fro the Fifth Circuit and the AQHA’s briefing to the court is due on December 24, 2013.
The court’s order, entered in August, required the AQHA to immediately develop rules for the registration of clones and to begin registration of cloned horses. Citing concerns over the time and expense that would be incurred in order to comply, and the fact that the case has been appealed, the AQHA sought a stay of the court’s order pending the decision on appeal.
The stay entered by Judge Robinson will postpone the portion of the court’s order requiring the AQHA to begin immediately registering cloned horses. The AQHA, however, must still continue formulating rules for the registration of clones pending the appeal. Thus, for now, the AQHA is not required to register cloned horses or their offspring until the appeal is decided. If anyone would like a copy of the order, please contact me and I will be happy to email you a PDF version.