Autistic woman fights to get "service monkeys" back in La.

By: Casey Glynn
Topics: Daily Blotter

Joan Newberger

/ WWL

(CBS/WWL) NEW ORLEANS - An autistic woman is fighting to get her four monkeys back after they were seized in February in New Orleans by state wildlife officials.

Joan Newberger, 64, learned from a judge Tuesday that she wouldn't be getting her monkeys back yet with the case postponed another month, reports WDSU.

Newberger claims the animals are "service monkeys," according to CBS affiliate WWL-TV. The station reports that the Louisiana Department of Wildlife and Fisheries categorizes the monkeys as illegally-owned primates, saying that they don't meet the definition of service animals as outlined in the Americans with Disabilities Act.

Authorities seized the primates in the French Quarter during Mardi Gras. Both the monkeys and their owner were reportedly dressed in pirate costumes. Although officials say Newberger was using the animals to solicit money, the 64-year-old and her caretaker claim they were just enjoying the festivities.

"We were dressing up for the Mardi Gras and we dress up as pirates," said James Poole, caretaker for Newberger, reports WWL.

According to Wildlife and Fisheries, possession of any non-human primates has been illegal in Louisiana since 2006, says the affiliate.

The animals are reportedly being cared for by the Monroe Zoo. One died in the zoo's care of natural causes, reports WDSU.

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by AyreBlossum June 11, 2011 4:26 PM EDT: Actually BusterDawggy, those are the outdated laws. As of March 15, 2011; this definition came into effect: Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_withbold.htm

Therefore under Federal Law and LA state law, these monkeys are NOT considered service animals.; Reply to this comment


by garthpalmer June 10, 2011 6:12 PM EDT: All I notice in this article is "possession of any non-human primates has been illegal in Louisiana since 2006." So...you can legally own humans in Louisiana?; Reply to this comment


by slatep June 9, 2011 5:59 PM EDT: If these monkeys are truly "service" animals; this woman should sue the officials who took them from her for discrimination against a handicapped individual.

Were these monkeys presenting any danger to the public.?

Did the owner not control the monkeys in an acceptable manner.?

Some officials will do something like this just to satisfy their egos ad because they can.

Unless the monkeys are a threat; they should be returned to her immediately and there should be no trial,

I would also sue for the death of the monkey who died while in the "care" of officials.; Reply to this comment


by 57vw June 9, 2011 5:07 PM EDT: So the government takes over their healthcare and one of them dies? We are all doomed!; Reply to this comment


by busterdawggy June 9, 2011 12:39 PM EDT: As the owner/handler of a service dog, I am a bit suspicious.

According to the Americans with Disabilities Act: "The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government."

So a monkey can be a service animal. But normally a handicapped person would have one service animal to perform tasks or work for the disabled person. To have four animals is a bit over the top. Too many people take advantage of ADA rules, and that makes it hard on persons such as myself. That said, if she needs a monkey - one monkey - and has a doctor's letter, by all means let her have that one animal.; Reply to this comment