Judge Says, Pet Monkey Owner, Debby Rose Can Not be Classified Under the ADA

The ruling by Federal Judge Richard Dorr denying summary judgement to Debby Rose in a case against the Springfield-Greene County Health Department, CoxHealth and Walmart is the latest refusal to recognize a Bonnet Macaque named Richard as a service animal under the Americans With Disabilities Act.

In turn, Dorr approved an effort by the health department, the hospital and Walmart to make a summary judgement denying Rose’s claims.

Rose originally filed the case in Greene County Circuit Court seeking fair and reasonable damages, compliance with the ADA and expenses related to the lawsuit.

In a ruling made Wednesday in Springfield federal court, the judge also rejected Roses’ claims she is disabled under the federal act.

In comments about Rose’s claim the monkey is a service animal, the judge said Richard’s activities did not deal with any disabilities Rose might have.

Instead, the monkey offered Rose comfort as a pet, the judge ruled.

The judge also rejected Rose’s claim she is disabled.

In her lawsuit, Rose claimed Richard is a service animal because he helps her deal with agoraphobia and anxiety disorder.

But the judge ruled that although Rose claimed to suffer from the disorders since the 1970s, she married three times, had children and worked at a variety of jobs and was not diagnosed until 2006.

The judge also ruled that the health department acted properly in refusing to recognize Richard as a service animal and by notifying Greene County businesses that they faced being in violation of state food codes if they allowed Richard in their businesses.

Walmart refused to allow Rose in stores after receiving the letter, while CoxHealth determined that allowing a monkey into its facilities posed a possible health threat.

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