A man with autism has taken legal action against Sainsbury’s for denying entry to his assistance cat.
Ian Fenn, 51, trusts Chloe, 12, to face the world every day and keep her from feeling “overwhelmed.”
But Mr Fenn was “very” upset and “trembling” after being told to leave a branch of the Clapham Common supermarket in south London, which affected his confidence.
Sainsbury’s welcomes assistance dogs, but says cats can pose a risk to hygiene.
He says he has asked his environmental health team to investigate possible solutions.
But Fenn told Sky News he “has no choice” but to act because the supermarket is the nearest short distance away.
Now, the case could set a new legal precedent, with possible ramifications for homeowners and employers, who may be asked to consider allowing assistance animals into rented accommodation and workspaces.
Mr Fenn was diagnosed with autism two years ago after years of struggling in busy social settings.
He contacted Sainsbury’s via Twitter to ask permission to take Chloe to the Clapham branch on March 12 this year, after having previously visited shops near Balham and Tooting.
“I was comfortable, I had been to the other two stores without any problems,” he told Sky News. “Then the security guard said ‘out, out, out.'”
Mr. Fenn, a software designer, asked to speak with a store manager, but says he was repeatedly told to leave.
“I just closed, I just wanted to leave and I was shaking.”
Mr Fenn said he “couldn’t bear to think about leaving Chloe out”.
He says he does his best to alleviate worries, including specialized training and diet, and treat his coat once a week.
“She is a very special cat with the perfect temperament,” he added.
Chloe acts as a “conversation initiator” and “social lubricant” for Mr. Fenn.
“Before Chloe I felt overwhelmed by the bright lights, I forgot why I was there, I couldn’t make a decision, I would get nervous and end up leaving,” she said.
“But with Chloe, she could do a full shop. It’s not a silver bullet, but it’s not that stressful.”
“I have no choice”
Speaking about the impending litigation with Sainsbury’s, Mr Fenn said: “They just closed the conversation. They don’t treat me with respect.
“I don’t have much choice. They’re the only supermarket within walking distance. There’s nothing like Sainsbury’s.”
Chloe has accompanied Mr. Fenn to a Tesco branch that is on a train ride.
His feline friend has also joined him on trips to his hospital, GP and local restaurants.
“It’s just Sainsbury’s who has the problem,” he added.
“From a personal perspective, I would rather not take legal action because it is stressful and it is considerable money.
“The only reason I’m pushing it is because Sainsbury’s hasn’t given me a choice.”
The case is expected to clarify how the law applies to people.
The Equality Act of 2010 imposes an obligation on employers to make reasonable adjustments to their workplace or practices to ensure that people with disabilities are not at a substantial disadvantage.
“This is not a new case”
Mr Fenn’s legal representative, leading disability rights lawyer Chris Fry, has called on Sainsbury’s to reconsider its position.
He told Sky News: “This is not a new case, it is not about people having a free way to take their hamster to work.
“This case is about trying to provide a means for people who have pets to get involved in society.
“Without Chloe, Ian felt trapped in her home. Chloe helps her engage in a full and inclusive lifestyle, she wouldn’t do it any other way. That’s the bottom line.
“Guide dogs are generally accepted, dogs are generally accepted, there has never been a case for exploring what other animals might be appropriate.
“Our view is under the Equality Act that service providers need to change their policy to allow other animals to be allowed.
“Unless we can explore a policy change, we expect the case to go to trial in the next 12 months.”
A Sainsbury’s spokesman said: “We want to be an inclusive retailer where people like to work and shop and understand that some of our colleagues and customers may need support from our stores.
“At the same time, safety is our top priority and our partners are trained to balance the maintenance of our high standards of food hygiene with the support of all our customers who shop with us.
“We are in contact with the local Environmental Health team to see if there are any ways to help Mr Fenn visit our store without compromising.”