Legend says the speedy Arabian horse was created "out of a handful of the southern wind."

But no equine can outrun the sun.

That seemed to be the case July 21 for a couple of horses hitched to a rail at Costco, 1875 Hempstead Road.

Karen Dinkel, animal enforcement officer for Lancaster, was called to the store that day for two separate incidents after witnesses concluded horses were suffering from the heat.

She is charging their owners, Linda Byler, and Paul Stoltzfus Smucker, both of Lancaster, with animal cruelty.

Amish church members deny that the horses were mistreated and contend the group of bystanders gathered around the animals caused them more agitation than the heat.

Smucker's wife said recently that her husband's saddlebred horse "was in good shape" at Costco and is "still in good shape."

"My husband takes pride in his horses," added the woman, who declined to give her name.

Dr. Andrew Ellis, a veterinarian who treated Byler's horse first at Costco and then at her home a couple of miles away, said the overheating question is murkier than it might first appear.

"The horse seemed to be suffering more from colic than overheating," Ellis said.

Colic, a common equine digestive problem that can happen in any season, can be triggered by dehydration.

"I think the horse did have some dehydration," the vet added, but it's unclear whether Byler was at fault.

Amish teens who relentlessly drive a horse in hot weather to visit their girlfriends in Honey Brook might be considered cruel, the vet added.

But in Byler's case, he said, "I don't think she was trying to be cruel to it."

Differences of opinion over how animals are treated are nothing new.

But the summer's unrelenting warmth –– the temperature has soared to 90 or above 21 times since late May –– brought the issue to a head.

It also spurred action.

An employee at Costco said the store is putting the finishing touches on a five-horse shelter.

The store has always made water available for horses, said the man, who declined to give his name.

'Amazing animal'
Conestoga resident Barbara Miller, one of the people who aired her opinion about the Costco incidents in the newspaper, said she plans to urge more stores to build horse sheds.

Between 30 and 50 people call every summer with concerns about overheated horses, said Keith Mohler, humane police officer for the Humane League of Lancaster County.

Calls infrequently lead to citations, Mohler said.

One humane police officer at a time is on duty in the county, he said, so it's often difficult to reach a scene fast enough to obtain evidence of a violation.

Nor do all "cruelty" sightings turn out to be what they appear.

Amish buggy tours are one example, Mohler noted. Tour horses are often seen ambling down the road in the hot sun. But most operators are responsible and suspend the rides when conditions become too extreme for the animals.

A buggy horse that is sweating isn't necessarily being abused.

In the same vein, Mohler said, draft horses bred for cold climates generally are better off outside in normal winter conditions. "We try and apply common sense," Mohler said.

Nonetheless, he encourages witnesses to report cruelty if they believe they see it.

"People think, for whatever reason, the normal laws that apply to other animals don't apply to these horses," Mohler said.

"I want people to know they can call law enforcement."

Enforcers include Mohler and his colleague, John Matrisciano, at 393-6551, ext. 222; also, ORCA, the Organization for Responsible Care of Animals, at 397-8922 (around the clock).

State troopers and local municipal police officers are empowered as well to investigate calls and enforce Pennsylvania anti-cruelty laws, Mohler noted.

Quick response is crucial, he said.

Buggy drivers sometimes clip-clop away before Mohler can respond.

And he said he was unable to prove that a plow horse died from heat stroke last year while it was working in an East Hempfield Township field because the farmer had dragged it away by the time he arrived.

"It's not like we have a license number for the horse," Mohler said.

Some callers have followed ostensibly distressed horses home and reported the address, Mohler said.

Horse advocates say the animals generally get less respect than dogs or cats, which are considered pets.

Manheim resident Denise Clardy said Pennsylvanians "should be embarrassed by the fact that we do not protect this amazing animal who brings so much to us."

Clardy and others have been critical of the Old Order Amish, saying their trademark gentleness and kindness isn't always extended to their animals.

Miller's daughter, Staci Strauss, said: "I feel like they treat [horses] as a commodity.

"I just feel like there should be a law against bringing horses out" in extreme weather, added Strauss, of Millersville.

Dinkel, the animal enforcement officer, contends that fierce heat caused the two horses at Costco to sway as they were standing on the asphalt lot.

Bystanders and store employees helped cool down the horses, she said.

The animal in the first incident was checked by Ellis, who owns the Eastern Lancaster County Veterinary Clinic in Leola.

The horse was trailered home after it reportedly fell down at the store.

Ellis said the horse's temperature was "in the normal range" when he got there.

An overheated horse would typically have a higher-than-normal temperature even after being cooled for an hour, Ellis said.

"It was panting and breathing hard," he added, but "it wasn't your stereotypical overheated horse."

Ellis said the animal appeared fine after he treated it for colic by giving painkiller, water and mineral oil.

The vet said he knew of the Costco incident involving Smucker only from talking with clients, nearly 80 percent of whom are Old Order Amish.

Dinkel summoned Lancaster police officers before she allowed Smucker to drive his rig off the lot.

Amish people who know the defendants in the cruelty cases had a different explanation for what happened.

Byler and Smucker both live near Costco, Amish observers said, and their horses had not been worked hard.

The crowds that gathered around the horses spooked them, said Sam Stoltzfus, of Ronks, in a letter to the newspaper. "This stressed the horses more than the heat.

"One horse became so frightened he pulled away and collapsed," Stoltzfus noted.

"We want the public to know we do take care of our horses, and we do try to keep them out of harm's way," Stoltzfus added during a phone interview.

Dr. Donald Kraybill, Plain sect expert at Elizabethtown College, noted in an email that Amish people "make a considerable financial investment in their driving horses."

Most Amish horse owners "develop an affectionate relationship with their horse and provide good care of the animal so they have reliable transportation," Kraybill added.

"They have years of experience handling horses under various conditions and understand the needs and limitations of their horses."

Dinkel said she has seen for the first time this summer signs at some Amish farms inviting passersby to water their horses.

That's encouraging, added the officer, who said responsible treatment of animals is not exclusive to any one culture.

"They say they take care of [horses]," Dinkel said of the Amish. "It's like anything else. Some do and some don't."

Contact Sunday News staff writer Jon Rutter at jrutter@lnpnews.com.