Barbara Sue Myers, 67, of Donaldson Avenue in Celina, says her pet monkey is an emotional support animal.
Attorney Gordon Byars argued on behalf of his client, Barbara Myers, that the 17-year-old black handed spider monkey named Carlose should be able to sit in court because he helps Myers deal with the post traumatic stress disorder she allegedly suffers from.
"In my experience with him he’s been very well behaved, no issues with him what so ever but he is a monkey so he’s not your typical service animal," he continued.
Criminal Court Judge Gary McKenzie this week, however, denied that motion.
Byars argued in the motion that the presence of the monkey — a black-handed species named Carlose — would be critical for Myers during trial.
“Emotional support animals are ... necessary for the normal, day-to-day functioning of their emotionally or psychologically impaired handler, facilitating a normalizing effect by their presence,” Byars said.
He cited several federal laws protecting and allowing the use of emotional support animals. They can be present in aircraft cabins, for example, and landlords must accommodate them even when leases prohibit it, he said.
Byars showed proof that Carlose is a certified emotional support animal by the National Service Animal Registry.
There is no such registry required by the ADA. These companies simply sell documents that people use to take their animals wherever they want; places you and I can't take animals.
That sounds cruel -- why is this animal having its teeth yanked out? If it has to have its teeth yanked out because it's a danger with them, DON'T FORCE A WILD ANIMAL TO BE YOUR PET!
Judge McKenzie denied the motion because Carlose is an emotional support animal and not a service dog.
“The American Disability Act specifically excludes all other animals except dogs,” he said.
The judge is particularly familiar with that law because, when he was an assistant prosecutor, he was involved in writing directions allowing a service dog into a DeKalb County courtroom for a child rape trial. That was a precedent-setting case in the state.
It involved the 13th Judicial District’s Child Advocacy Center’s service dog, Murch, who is trained to be in court.
In spite of Carlose’s registry as an emotional support animal, there was no evidence that he has been specially trained to be in a courtroom setting.
Two in Putnam Co. Charged With TennCare Fraud
TN Department of Finance & Administration
Thursday, September 10, 2015 | 1:21pm
NASHVILLE, Tenn. – Two people are charged with TennCare fraud in Putnam County in separate cases involving prescription drugs.
The Office of Inspector General (OIG), with the assistance of Cookeville Police, today announced the arrest of Mary Leitha Rodgers, 48, of Baxter and Barbara Sue Myers, 67, of Celina.
A Putnam County Grand Jury has charged Rodgers with TennCare fraud for using TennCare benefits to obtain the painkiller Oxycodone, and then selling a portion of the drug to an undercover informant. (A video clip from NewsChannel5 said she was also charged with meth)
Myers is also charged in Putnam County with two counts of TennCare fraud and four counts of sale and delivery of a Schedule II controlled substance. The charges are in connection with using TennCare benefits to obtain the painkillers Morphine and Oxycodone, later selling a portion of both drugs to an undercover informant.
“We mean to eliminate drug resale activity in the TennCare program,” Inspector General Manny Tyndall said. “Selling prescription drugs to other people is illegal, and intolerable when public dollars are involved.”
TennCare fraud is a Class E felony carrying a sentence of up to two years in prison per charge. Sale and delivery of a Schedule II controlled substance is a Class D felony punishable by up to four years in prison per charge. District Attorney General Bryant C. Dunaway is prosecuting.
Through the OIG Cash for Tips Program established by the Legislature, Tennesseans can get cash rewards for TennCare fraud tips that lead to convictions. Anyone can report suspected TennCare fraud by calling 1-800-433-3982 toll-free from anywhere in Tennessee, or go to http://www.tn.gov/finance/topic/fa-oig.
Black-Handed spider monkey (or Central American spider monkey)
On average, they weigh about 16 pounds (males are slightly larger than females).
The pet trade is a large factor in many primate species becoming endangered. However, primates do not make good pets for multiple reasons. They pose a risk to health and safety through disease transfer to humans and can cause serious injury by aggressive behavior or strength.
Primates are very social animals and need to live with other members of the same species to be emotionally and psychologically healthy.
Furthermore, the pet trade is contributing to populations becoming endangered and many are pulled from their mothers at a very early age to be raised by humans.
Not supporting primates as pets or primates in entertainment, people can help multiple species thrive. - Birmingham Zoo
(Herald Citizen - August 25, 2016)
