After consulting with my legal team, they have found that the agreement stallion owners sign for the SSS program fails for "lack of consideration." What this mumbo jumbo means is basically since they have not suffered any damages from a "donated" item, the contract becomes unenforceable. Therefore , null and void. A contract has to meet certain criteria for it to be enforceable and this agreement fails in that criteria. I will leave it to the lawyers to explain in more detail when the time comes.

Now the irony of all this is that in the interim, they sent me to a collection agency with obtaining a judgment. That is an actionable cause and we may be suing them. More than likely, their lawyers came to the same conclusion about the agreement being unenforceable and they are now trying harassment ploys in retaliation for me reporting them to the FTC and the California Department of Consumer Affairs. A private party cannot send an item to collections without a judgment. If they try to get a judgment it will cost them more than the $1000.00 they are trying to collect.

Anything I do will be to protect my rights as a consumer and should in no way be misconstrued as retaliatory. They have broke the law and are trying to bully and harass someone into paying something they are legally not obligated to pay.

myronkrause <myronk@sprintpcs.com> wrote:
Dear Ms. Bernstein,

From your website it appears that you have a very nice stallion and your decision to put him into a success futurity would seem to make good sense. The Scottsdale Signature Futurity is controlled by the local club which AHA has no jurisdiction over; AHA simply sanctions their horse show and its competition. I am not privy to any documents and or contracts which you must have entered into with them, nor do I not have any authority over such agreements. I am not an attorney and my understanding would be likening to any legal contract. It would not matter whether it was a car contract, a house contract, or a horse contract basically two parties make a promise.

As president of AHA I am very concerned with all aspects of our breed and any accusations of abuse are taken very serious. I do understand the passion and emotions that get involved with this type of situation, however to try and solve this dispute it would be helpful to try and separate those emotions and deal with the facts only. I sincerely hope you can resolve this matter.

Sincerely’

Myron Krause

my reply:

Thank you for taking the time to reply and I respect your position concerning this matter.

I will keep you informed of how this situation progresses.

Best regards,

Esta Bernstein



Please feel free to contact Myron or AHAA to voice your concern. The facts are as follows:

1) Stallions owners pay $500.00 PLUS donate a breeding to this program.

2) AHAA changed the rules requiring the owners to buy back the breedings AFTER the $500.000 had been paid.

3) They never offered a refund of the $500.00 if you decided to withdraw your stallion from the program.

4) I was told that they just want to make an example of me (exact words).

5) They want you to buy something you can never use (even if I did have a mare, there is no way to have a foal born in time for the yearling class unless you breed your mare during the month that you purchase the breeding. The resulting foal would never be grown enough to be competitive in the class - can you say steroids)

6) They are against the new halter resolution.

These are facts - not heated emotions - you decide what is right and wrong and good for the breed

link to petition AHAA - Scottsdale - Boycott the show!

August 21, 2007


Mr. Myron Krause
2014 W Alcott Ave.
Fergus Falls, MN 56537


Dear Mr. Krause,

I am kindly asking for your assistance in a most unfortunate matter. Unfortunate not only for myself, but also to the Arabian horse breed and the backbone of our organization, the small breeders in this country.

First, I must address what brought this problem to fruition. (Please read the attached letter addressed to the Scottsdale Signature Stallion program).

Please understand that six months after everyone paid their $500.00 they sent a notice to all stallion owners stating that if the breeding does not sell the stallion owner would be required to buy it back for $1,000.00. They did this in the middle of the program and did not offer to return the $500.00 we already paid.

Last week I received a call from the Arabian Horse Association of Arizona. Their words were to the effect that they would not forgive this $1,000.00 debt because they want to make an example out of me. Also, if I couldn’t afford my horses I shouldn’t have them. The conversation was beyond nasty, rude and almost unbelievable.

Then I came across this post on Ablackhorse.com, which I quote from a very reliable breeder; "The major opposition (halter resolution) is from TH and possibly other leaders of the Scottsdale Show. I have personally had a very animated discussion of this with TH. He seems to believe that they can't run the show with a point system because it takes to much time to judge on points. He threatened to withdraw Scottsdale from the AHA if this change was implemented but I'm not sure this was a serious threat or not."

The irony is that it will cost them more than the $1,000.00 to try to collect this and they will be using the auction money to do so. They would rather step over dollars to pick up dimes in order to send a message to the public. The message being - the Scottsdale Show cares nothing about us, the backbone of our industry and more sadly, the welfare and humane treatment of our horses. They are obviously determined to keep this show only for their elite group and isolate the rest of us.

I have be a great supporter of this industry for the short time (15 years) I have been involved. My stallion, Caleyndar, is known by millions of people. Not through his offspring or show record, which he does not have, but by his epitomizing the Arabian ideal. He has been photographed and painted worldwide and, is one of the poster children of our times.

To have this happen disgraces us all and I always wonder what else can be done to assist in improving the image of our industry. If this is how the AHAA chooses to support this mission, then I will be left no alternative but to address this publicly and garner support to expose their intentions. I may not have a big political voice but my voice to the public rings loud and clear. I am not ashamed of my financial position. My horses are well fed and cared for, but I just don’t have the extra $1,000.00 to pay for something I will never use.

I am humbly asking you to speak with them so they can see the big picture of their actions. Have them write off the $1,000.00 and send the right message to present owners and owners to be. Be the hero of the Arabian horse. We are counting on you!


Best regards,

Esta G. Bernstein
esta@saffyrearabians.com

this is the beginning of the end, and Scottsdale is going to bury itself (courtesy of ringmaster TH - pm if you do not know who this is)

So I hear through the grapevine and I quote from another place - "The major opposition (halter resolution) is from TH and possibly other leaders of the Scottsdale Show. I have personally had a very animated discussion of this with TH. He seems to believe that they can't run the show with a point system because it takes to much time to judge on points. He threatened to withdraw Scottsdale from the AHA if this change was implemented but I'm not sure this was a serious threat or not."

Now, this is just another message as to how the Scottsdale Show cares nothing about us, the backbone of our industry and more sadly, the welfare and humane treatment of our horses.

We really need to boycott this show, sending letters to AHA, telling them about the message that Scottsdale is sending to the current and future members of our association.

Very, very sad. Let's make a difference!!!

letters (nice letters) will be going to The World, The Times, our AHA President, all Arabian Forums, both domestic and international. Oh, and BTW, their statement to me was if you can't afford your horses don't have them. Nice right. This is just what our industry needs. Such a warm, understanding welcome. Then we wonder why registrations are down.

Well I get a call today from AHAA stating that they are not going to forgive the $1000.00 for Caleyndar's breeding that didn't sell. I told them I have no way to pay for it, can't ever use it and will be forced to declare bankruptcy if they try to collect on it.

After this program made over $650,000.00 this year, they are going to pursue a measly $1,000.00 from a little person, who can't afford it and they will be using the auction money to try to collect it. Now that really does not make any sense and I am sure the other owners who participated in this program will be overjoyed to hear that this is where their winnings will be going. Smart business on their part. Heh? They said if they forgave this debt it would set a precedent for other owners. What? Please...I was not born yesterday.

Everyone and anyone should know that this is how the AHAA chooses to bring more people into the Arabian horse world and how they show their loyalty to the owners who put up their money for this program.

Please email them, if you choose, to complain about this.

More info to come as this unfolds.