Lawsuit of the Day: Wal-Mart discriminated against macaque named Dick?
A woman in Missouri says the scary-looking bonnet macaque (see specimen at right) helps her social anxiety disorder. Having that thing in our arms would increase our anxiety immensely, but to each their own.
Local health officials apparently share our anxiety. They allegedly banned the monkey from grocery stores and restaurants, including Wal-Mart. From the Kansas City Star:
A southwest Missouri woman has sued Wal-Mart, local health officials and Cox Health Systems, claiming they discriminated against her and her monkey named Richard.Debby Rose of Springfield said in the lawsuit that the 10-year-old bonnet macaque helps curb a social anxiety disorder that can cause her to have panic attacks in public.
We’re no experts in naming monkeys, but “Richard” seems like a horrible monkey name. We’d have a lot more respect for this woman and her suit if her monkey were named “Bananas” or “Bobo.” But that’s off-topic.
Rose’s suit claims that the local health department decided that the monkey was not a legitimate service animal and told establishments not to admit her and her little monkey. Was the problem that the “service animal” is a monkey, or that social anxiety disorder is a questionable disability?
We’d try to sort it out, but we’re still schoolgirl-giggling over “macaque named Dick.”
Springfield woman’s lawsuit alleges discrimination against her monkey [Kansas City Star]
(74) Comments
Comments
SLOW NEWS DAY!
In other news, an Alabama TTT is considering merging with an Arkansas TTT...
Jesus Christ, how about some news about white guys with asian girls?
- King of WGWAG
and first...
"We'd have a lot more respect for this woman and her suit if her monkey were named 'Bananas' or 'Bobo.'"
Ugh . . . no, you wouldn't. I'm sorry, but those names are completely unoriginal.
I would prefer "Achilles" or "Platus" or anything vaguely from antiquity.
Dick's dick might spray the Wal-Mart bananas with monkey pee and make people ill. Or he might throw his own feces...they do that, you know. He might even eat his own feces, which could also make people ill.
I prefer the ironic: Flipper the Monkey, Rover the Monkey, Fido the Monkey etc.
I think Walmart would be BETTER with some monkeys.
"dick...er, Richard"
I knew a guy growing up who had a pet pig named Mavis. When Mavis croaked, they had a large supply of bacon.
Things are really slow both at my office and on this blog today... ahh, summer.
I will never relent in defending America - whatever it takes.
Some of Walmart's best employees are actually monkeys, no? What's the big deal?
Debby Rose just wants to pet her monkey Dick.
9:05 - would you accept Dr. Zaius?
To each *their* own? Are we talking about people with multiple personality disorder?
1) I thought this was really funny, even if it's not the most important lawsuit of the day.
2) Thank you 9:36 for making feel slightly less neurotic for noticing that.
Guys at my high school used to play with their monkeys in public all the time, it was no big deal.
FRAT STUD
Walmart = TTT
C'mon guys, stop monkey-ing around. This is serious.
Macaque ? Or My KOK ?? Either way it's a large, furry troublemaker that has no business on your shoulder in public.
Monkeys = TTT
9:45 = awkward silence generator. There's a guy like you on my floor. When he comes into my office I immediately know its going to be for one of three purposes:
- to share a video that's been circulating on YouTube for at least weeks, if not months/years;
- to discuss the last stale video he made me watch; or
- to tell me the sort of awful joke you've shown a knack for
She should have gotten a Monkee instead. He could sing her Daydream Believer -- always calming.
http://www.youtube.com/watch?v=dRr-sNlddRo&feature=related
Is there a copy of the complaint? I would love to read it.
This post could use more information on the legal angle:
Are they filing suit in Federal Court?
What exactly does she allege? What are her chances of prevailing?
What type of precedent could this set for primate relations? What about animals and strict liability? (Is the monkey feral?)
Someone needs to spank that monkey.
Monkeyspanking = TTT
9:36 - you beat me to it. Kash, you're being judged.
9:36 - you beat me to it. Kash, you're being judged.
9:52,
check this out:
http://www.youtube.com/watch?v=prtsIbjTjQc
hahaha! i'll be down in 5 to talk to you about it.
-9:45
What about the rumor that White & Case no offered 15 of their summer class...
Any news?
A Florida statue:
"(e) A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal's behavior poses a direct threat to the health and safety of others."
I'm not sure whether it's the same in her state, but I think that they may be able to move for summary judgment on the basis of the "direct threat" phrase.
Her IIED claim would most likely fail, because she will be unable to prove the defendants acted intentionally or recklessly.
Her NIED may prevail, however, as she will almost certainly be able to prove that she suffered actual emotional harm, based on her having social anxiety disorder.
Ok, I'd better get back to studying for the bar. :D
10:28, that is the most TTT legal analysis I've ever seen. Go ahead and register for the February bar because you're not passing this one.
To those wondering as to the nature of the complaint, perhaps she is claiming under the ADA. From my limited knowledge of accommodations for ADA service animals, any animal (though usually a dog), is considered a service animal if it helps the person perform a necessary function that he or she can't perform (or can't perform reasonably well).
In addition to the seeing-eye dog, I know they can be used for balance and certain epileptics employ them (although I'm not sure if it is for early alert--supposedly dogs can sense the onset of an epileptic episode--or for seeking out help. Dogs and other animals can be trained to contact emergency services). While the most common animal is a dog, I've seen people using miniature ponies and I recall, anecdotally, that some use monkeys (ponies and most species of monkeys far outlive large dog breeds, making the extensive and expensive training needed a better investment).
The problem here is that, as far as I've read, the animal must be some sort of rescue animal or else compensate for a bodily function the disabled person lacks (balance, sight, hearing, etc.).
Provided she can get ADA status, the local health department's ruling that the monkey isn't a service animal isn't controlling (pesky Supremacy Clause).
Am I the only one who thinks this is an absolutely fascinating case?
The IIED would fail, IMO. This is hardly a traditional torts case, and the capriciousness of requiring a monkey (yes, a monkey) for emotional well-being doesn’t make any sense to a reasonable person.
The NEID is similarly tricky. Again, it’s a monkey. NEID claims are flimsy even without that additional tidbit.
Are there other claims?
Social anxiety disorder is a real disability. I spent weeks and weeks in my house because of it. Or maybe it was because the people one of my law school classes scared me. I'm not really sure.
Also, seeing as how the area she is from isn't very large and/or diverse (in thought and human capital), I highly doubt there were a lot of other macaque owners walking around. They are picking on the poor, strange woman. And Dick. He has feelings too!
Pray...for...Mojo.
"Also, seeing as how the area she is from isn't very large and/or diverse (in thought and human capital), I highly doubt there were a lot of other macaque owners walking around. They are picking on the poor, strange woman."
It's. A. Monkey. Are you kidding me? The lack of diversity buttresses the argument that they were genuinely puzzled by the monkey and didn't see it as reasonable.
No reasonable person would argue that a monkey helps you overcome a mental illness. If anything, it serves to reinforce that illness. The fascinating part is that, according to her, it did. So what do we do now?
WGWBM?
/ cringe with shame at article
Signed,
MO Atty. ATL reader
"From Chimpan A- to chimpanze you've finally made a monkey out of me! "
This case is rediculous. The defendants should probably try to get it removed to federal court.
I'm still in shock that this macaque brought down George Allen's reelection bid... and a credible run to be the next President...
Correction to 10:54
McClure: I hate every chimp I see, from chimpan-A to chimpan-Z, no you'll never make a monkey out of me.
[Wrecked Statue of Liberty appears]
McClure: Oh my gosh, I was wrong! It was Earth all along. You've finally made a monkey...
Chorus of monkeys: Yes, we've finally made a monkey...
All: You've finally made a monkey out of meeeeeee!
McClure: I love you, Dr. Zaius!
10:40, nice work.
10:55: I like how you dismiss cases without analyzing them.
Doctor Zaius, Doctor Zaius,
Doctor Zaius, Doctor Zaius,
Doctor Zaius, Doctor Zaius,
Doctor Zaiiiiuuuuuus!
What is ridiculous is the fact that someone posting to a legal blog and opining about removal jurisdiction actually thinks "ridiculous" is spelled "rediculous."
"Your dad used to be as smart as a monkey, then his mind started gettin' lazy and now he's as dumb as a chimp."
Better movie...?
Apes-A-Poppin
or
Hail to the Chimp
Mmm, I can't wait to eat that monkey!
I'm disappointed by the quality of legal analysis on this thread.
10:12 - how could White & Case no-offered their summers already? It's only mid-July.
You said this monkey would be sweeping the floors and cleaning the gutters. And now, he just lies there, struggling to breathe!
To 11:13...
What do you expect? His cholesterol is through the roof!
What would be the advantage of removal jurisdiction? I haven't taken CivPro yet.
11:15 -
None. SW MO juries are fairly conservative - good place to be sued. This nut would get $0 awarded, and would lose on a motion for attorneys' fees.
Signed,
MO Atty. ATL reader
THAT "FILTHY MONKEY" MADE THE ORANGE JUICE YOU'RE DRINKING
Stop that! You're a helper monkey! This isn't helping!
To 11:15 (1):
I want you to take that monkey back, so he can be rehabilitated and get a second chance.
~11:13
11:21: so they think that a federal jury may be more forgiving?
The depositions could be funny.
I'm outraged that teh Walmart discriminates against Macacas.
And here I have 1000 monkeys typing at a 1000 typewriters...soon they will have written the best novel known to man.
[Burns grabs page from smoking monkey's typewriter]
It was the best of times it was the BLURST of times?? you stupid monkey!
11:13: Just a rumor. A bunch of the summer associates were talking about it. White & Case also had a summer class that was much larger than the previous one (114 vs. 40?). So, 15 no offers would not be a surprise especially since the economy is tanking. Anyway, I have no hard sources, figured this would be the place for some confirmation.
11:13: Just a rumor. A bunch of the summer associates were talking about it. White & Case also had a summer class that was much larger than the previous one (114 vs. 40?). So, 15 no offers would not be a surprise especially since the economy is tanking. Anyway, I have no hard sources, figured this would be the place for some confirmation.
All the Simpsons quotes are hilarious! Keep them coming...
11:09 - you are a douche
No, no, he's fine! Go on, Mojo! Show Marge your happy dance!
That picture definitely = Family Guy closet monkey
11:09(3) - yes you are a douche par excellance!
They should put her to sleep.
McClure: Get your hands off me, you filthy ape!
Apes: He can talk he can talk he can talk he can talk...
McClure: I can siiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiing!!!
The threshold question is the legitimacy of having this kind of monkey as a treatment for social anxiety disorder. Who prescribed it, or did the patient simply tell her psychiatrist "Having Dick on my shoulder helps me go out in public" and the shrink says "Ok. Works for me. That'll be $200 for the session." Is it scientifically proven that having a macaque on your shoulder can mitigate the effects of this disorder?
What's the difference from a psychological perspective between having a monkey on your shoulder to help with social anxiety disorcer and walking around naked in public to help with the same? What if some guy believes his clothes make him socially unacceptable, so he can only go out in public if he's naked? Is he going to sue Wal-Mart too when they refuse to let him in? What if a person needed to have a skunk on their shoulder to overcome some psychological disorder? How about a jellyfish?
And, are macaques specifically trained for this type of assistance work? Like dogs for the blind? Is this monkey certified to sit on this lady's shoulder and make her feel OK to be in public? Do they train this monkey so that this gal can say a code word and the monkey will jump off and scratch the eyes out of a person who exacerbates her social anxiety? If not, why not?
This raises so many questions.
Monkey hate clean!
http://www.vidstogo.com/player.php?vfname=bathroommonkey&ext=wmv
9:36,
If someone agrees with you, they are dumb. Kash was just using the common English convention - "they" and its inflections for the ungendered singular gender-generic.
As linguist Henry Churchyard documents, the usage "actually dates back to at least the 14th century, and was used by the following authors (among others) in addition to Jane Austen: Geoffrey Chaucer, Edmund Spenser, William Shakespeare, the King James Bible, The Spectator, Jonathan Swift, Daniel Defoe, Frances Sheridan, Oliver Goldsmith, Henry Fielding, Maria Edgeworth, Percy Shelley, Lord Byron, William Makepeace Thackeray, Sir Walter Scott, George Eliot [Mary Anne Evans], Charles Dickens, Mrs. Gaskell, Anthony Trollope, John Ruskin, Robert Louis Stevenson, Walt Whitman, George Bernard Shaw, Lewis Carroll, Oscar Wilde, Rudyard Kipling, H. G. Wells, F. Scott Fitzgerald, Edith Wharton, W. H. Auden, Lord Dunsany, George Orwell, and C. S. Lewis."
Henry Churchyard may be a linguist, but he is not a cunning one.
Chaucer, Spenser, Shakespeare = TTT
I talk about this on my blog at rottenzucchini.com/2008/07/monkeying-with-our-legal-system/
332: I talk about you on my blog
TTTdouchelawyers.com
From my (limited) ADA knowledge, if the monkey is a legitimate service animal - then it's no problem. The issue is normally whether the animal is actually a service animal or not. This generally requires a showing that the animal has had some sort of training that sets it apart from other animals. You can't just declare that the monkey helps you - the monkey has to be trained in some way to give assistance.
NYC to helper monkeys!