The Missouri Board of Veterinary Medicine filed suit against Brooke Gray and B&B Equine Dentistry, alleging that they had committed the crime of practicing veterinary medicine without a license. Ms. Gray is alleged to have accepted compensation for "floating" horses' teeth - a centuries-old animal husbandry practice that removes sharp enamel points that can cut or ulcerate the interior of a horse's mouth and impede its ability to eat.

In response to the Board's lawsuit, Ms. Gray asserted six Affirmative Defenses rooted in rights protected under the U.S. and Missouri Constitutions:

1) Right to Earn a Living

2) Right to Be Free of Arbitrary Governmental Classifications

3) Right to Enjoy the Gains of One's Own Industry

4) Freedom of Speech

5) Right to Procedural Due Process

6) Right to Equal Protection of the Laws

The Board filed a Motion for Partial Judgment on the Pleadings, seeking to have the Court dismiss all of the Defendants' Affirmative Defenses. This Response explains why the Defendants are likely to prevail on each of their legal claims and, thus, why the Court should overrule the Board's motion.