Wednesday, October 7, 2009
A Horse of a Different Color: A Study of Color Bias, Antitrust and Restraint of Trade Violations in the Equine Industry
Posted by D. Daniel Sokol
Mary W. Craig, Faulkner University - Thomas Goode Jones School of Law addresses A Horse of a Different Color: A Study of Color Bias, Antitrust and Restraint of Trade Violations in the Equine Industry.
ABSTRACT: In 2000, Kay Floyd sued the American Quarter Horse Association, and changed not only the way the Association did business, but changed the law as it applied to voluntary associations. The court ruled that an association cannot economically discriminate against some of its members and artificially devalue the property held by those members. Subsequently, the American Quarter Horse Association has changed its own registration rules to reflect the principle behind the Floyd suit, even though the parties settled and dismissed the case. A sister equine association in Texas, however, has refused to amend its rules concerning equine registration, resulting in economic discrimination against some, but not all, of its membership. This article examines the effects of the Floyd suit on the AQHA, and projects the outcome of a similar suit against the American Paint Horse Association, should it continue its registration policies in violation of the Texas Business & Commerce Code.