Spanking the Monkey (Owner), by Amy Epstein Feldman and Robin Epstein

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Seeing-eye and other service dogs have long been exempted from regulations that prevent dogs in certain places like restaurants and offices. But these days a lot of people appear to be pushing the legal limits of the definition of "service" dogs. Restaurants, apartment houses, and other businesses may now be legally required to allow dogs who help not only those with physical disabilities, but also provide "emotional" support. Not only is the definition of "support" expanding, but so, apparently, is the definition of "support animal"--from what has usually been considered a dog to other types of animals including trained primates. Gone are the days of the organ grinder's accordion and companion monkey's tiny cymbals, an apparently politically incorrect stereotype offensive to the Primate-Americans among us, replaced by the primates who have been trained to provide emotional and in some cases--like the diabetic woman who trained her primate to retrieve her insulin and needles--even medical support.

But the expansion of the all animal/all the time policy seems to have hit a wall as decided by two recent cases involving a monkey on one side and a judge who thought he was the one being made a monkey of. Seems that as relatively loosey-goosey (no disrespect meant to the Avian-Americans among us) as the term "support animal" may be, legally a doctor must certify that a patient is keeping the pet for health reasons. Once you get your doctor's note, the New York Courts have ruled that emotional support is a valid reason to keep a pet even if the building has a no-pet policy. But when a Missouri woman tried to argue that her Bonnet Macaque monkey is trained to assist her with her agoraphobia and anxiety, the Judge ruled against her 'right' to take the monkey to Wal-Mart or to a cafeteria. The Judge found that the while the monkey, who is trained to fetch the remote control or her toothbrush, may have some pretty cool party tricks in his arsenal there is no correlation between his abilities and the owner's disability. An animal that "simply provides comfort" according to the Judge, is the equivalent of a household pet and does not qualify as a service animal. Even if he can play a mean set of cymbals.

So Sue Me, Jackass! Robin Epstein Amy Epstein Feldman lawyers legal advice Plume Penguin Books