Horse dentists win court ruling
Sunday, January 18, 2009
By PAUL POST, The Saratogian
 SARATOGA SPRINGS — Equine dentists are hailing a court
ruling they hope will allow them to keep working permanently without
further legal threats from the state.
The Appellate Division of State Supreme Court has
rejected a state Racing and Wagering Board’s appeal that sought to keep
lay horse dentists from practicing their trade.
The case centered around Chris Brown, who was denied
work from mid-2006 to mid-2007, because the state said he didn’t have
proper certification. Brown, however, has more than 30 years of
experience and has worked at Saratoga Race Course for several Hall of
Fame trainers.
“All the state’s arguments are down the drain,” said
Michael Aronow, Brown’s attorney, who took the case on a pro bono
basis. “It really has widespread implications for all backstretch
workers. I’m thrilled for these guys. So are the trainers.
“It’s kind of fun to beat the state because they throw
so many guns at you.”
By rejecting the state’s appeal, the Appellate Division
upheld a lower court’s ruling that said horse dentistry is a common
practice, similar to blacksmithing, and doesn’t require certification.
“This is something I’ve done for almost 40 years,” said
equine dentist Frank Albert, of Old Chatham. “It’s great to have it
legitimized again.”
He worked on a horse Saturday at Saratoga Gaming &
Raceway.
Ironically, when lay dentists were blocked from working,
Albert taught veterinary students how to do such work at Cornell and
Louisiana State University.
“They were glad to have me,” he said. “My name is on the
piece of paper that says you’re qualified. Only in the past few years
have they pushed dental education to the vets. Before that, it was
beneath vets to do dentistry.”
The state based its case on a section of state education
law that requires certification for certain types of treatment. Only
veterinarians or “vet techs,” with two-year degrees, should do such
work, the state said.
Two years ago, however, Aronow successfully argued in
state Supreme Court in Nassau County, that grooms, trainers and
blacksmiths regularly treat common horse ailments with poultices and
liniments. The court agreed that horse dentistry falls into the same
category.
Brown, Albert and other dentists “float” teeth by filing
them down so horses can chew properly, digest food and most
importantly, wear bridles without pain or discomfort. This promotes
safety on the track, because horses that are hurting may bolt and throw
jockeys or exercise riders.
“A jock may not be able to control a horse whose teeth
are bothering him,” Aronow said. “These dentists have such an important
function. They make it safe for the rider on the horse and every other
rider out there.
“This has national implications. All the other states
are going to look at this now.”
The Racing and Wagering Board may accept the Appellate
Division’s ruling or take its case to the state’s highest court, the
Court of Appeals.
“It’s under review,” said Joseph Mahoney, the board’s
spokesman.
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