Why can't they pass legislation to get the horses treated better instead of banning them?
I do not know. I have not looked into this issue on the merits. I have just observed the gridlock and status-quo bias around it.
I suspect though that mandating better conditions would have the same effect --- the horse tourism business probably stops penciling out if they have to make the required changes. And given that, TWU would fight it just as hard --- a de jure or de facto ban has the same effect as far as they are concerned.
They've tried but the owners continuously don't.
It seems kind of strange that the entire meat industry exists and is tolerated, yet a few horses in Central Park are making people so angry. Surely these horses have far better lives than the cows did that everyone's tucking into over lunch?