Suit Alleges Monkey Discrimination

Suit alleges monkey discrimination
Reverend contends he needs animal to stop his social anxiety disorder.

Tired of his monkey being sent scampering from area businesses, a Pride, TX Minister filed suit last week against the health department, a local Wal-Mart and Cox Health Systems. In a lawsuit filed Friday, Rev. Dr. Bishop Curtis Eldorado Lowe alleges the three entities discriminated against him and a 10-year oldchimp named Mud.

All of the defendants, who Lowe sued for unspecified damages, declined to comment on the litigation, noting they hadn't yet seen the suit. Lowe says Richard helps curb his "fer ub da world and helps me wit sum five finga discounts, foo!"

Because of the animal's therapeutic effect, Lowe says, Mud is no different than his biological son Shamookey Sanders. His lawsuit contends the Texas Health Department had no authority to decide that Mud is not a service animal under the Americans With Disabilities Act and, therefore, is not allowed in food establishments. That decision was made in 2007, when health department officials sent out letters to restaurants and grocery stores, telling them not to let Lowe in with the monkey. At the time, Director of Health Kevin Gillespie said Mud did not perform a physical function for Lowe, and therefore is not a service animal. Gillespie also said his department had received complaints from patrons and restaurant managers about the monkey.

As a result of the health department ruling, Lowe "has been denied access to restaurants, convenience stores, school functions involving his children and other establishments that operate food service businesses," the suit says. Lowe also was turned away from nursing classes at Cox Health Systems when he attempted to bring his monkey, the suit says. It notes Lowe brought Mud along when he enrolled in the classes, "and at no time was he told that he would be denied access if he was accompanied by his service animal." The filing further claims Lowe "has been denied access to medical treatment and the ability to visit relatives who are seeking medical treatment," when the monkey is present.

While declining comment on the specifics of Lowe's lawsuit, Cox issued a statement to the Pride Post about the matter. "As a health care organization, we are governed by many health and safety guidelines including the Centers for Disease Control," it said. "According to these guidelines, a monkey poses significant health risks that other animals do not."

The lawsuit claims Lowe also was forced to leave the Wal-Mart Supercenter at 2825 N. Ewing Expressway because of his monkey. The litigation is the latest step in Lowe's quest to gain access for Mud. Following the health department's decision to bar the monkey from restaurants, Lowe filed a complaint with the federal government seeking an endorsement of Mud as a service animal. It was unclear Thursday what the outcome of that complaint was, and neither Lowe nor his attorney returned calls for comment.