When I saw a book of fart sounds at a gag shop this weekend, I told my friends I needed to buy for my grandmother since her birthday is next month and she loves anything that has to do with farting. (If you read this, Grandma, please act surprised when you open your present.) I am telling you this now because it ensures the next sentence make a whole lot more sense:

This post on the legal considerations of farting is dedicated to my grandma. I hope you enjoy reading it as much as I enjoyed writing it.

The Real F Words: Farts and Firings

When I was younger, I took my kindergarten-aged cousin home on the bus in order to babysit her after school. One day, an older kid said shut up. My cousin swiftly got on to him for saying a bad word. He informed her he knew worse words than that.

“I could say the F word,” he told her.

“I know that one too,” she promptly replied. “It’s fart. But we are supposed to say booty burp.”

Now fast forward to the present, and we will see that not much has changed–farting is still very much a taboo subject. In fact, Case Pork Roll Company in New Jersey was so turned off by farting that they fired a worker who was apparently stinking up the place on a regular basis.

Ah, New Jersey. Yet again you leave yourself open to be called by your beloved nickname–the armpit of America. (You guys, don’t go by their reputation and this smelly story. New Jersey doesn’t normally smell any worse than any other state.)

Anyway, back to this case.

Richard Clem has a real digestive problem that causes him to be more flatulent than most. It, along with explosive diarrhea, were the side effects of gastric bypass surgery. The problem got to be so bad that there were complaints. Many of those complaints appear to have come from the company president himself.

For a while, Clem was asked to work from home. Eventually he was asked to just not come in at all anymore–and not because they wanted him to be a full-time telecommuter.

On the same day he was fired, his wife, who also worked for the company, quit because of the discrimination her husband faced at the hands of their employer.

The couple joined together to sue the company for wrongful termination and to start a movement toward a world in which we can all pass gas in peace and without judgment.

The Sex Appeal of Farting (Yes, I Did Just Type That)

According to the Clem’s lawyer, “farting is the sexy part of the story” (and isn’t it always? I mean talk about a sure fire way to set the mood on date night…) but it is not the real issue here.

The real concern is that the flatulence is a side effect of Clem’s obesity, and obesity is protected under the Americans with Disabilities Act. Therefore, the company really fired the man because he was obese, and that is discrimination.

We’ll find out what the court thinks soon, but in the meantime, what do you think?

Should farting be a reasonable accommodation in the workplace? Or do people have the right to an okay-smelling work environment?

Let me know what you think because honestly I’m not sure what my opinion is. On the one hand, I feel bad for the guy. On the other, I certainly wouldn’t want to have to work by him.

Well, now that I have spent the last hour writing about farting, I’m going to try to go find something sufficiently mentally stimulating in order to raise my maturity level above that of a 12-year-old boy. Eh…that sounds like a lot of work. Maybe I’ll just watch TV. Until next time, ya’ll.

Ashley Shaw

Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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The first time I encountered a service dog I was working at a toy store in my hometown. She was an adorable English bulldog sporting a pink service dog vest. But to this day I still wonder if she was actually certified or not.

I wonder because many dog owners have taken it upon themselves to cheat the system by pretending their furry friends are service dogs, dressing them in service dog vests. The vests allow owners to bring their dogs almost anywhere, including restaurants, hotels, and airplanes. Take a look at this quick video testing the limits of service dog scamming:

The investigation, conducted by Local News 10 in Miami, shows how easy it is for dog owners to gain admission to restaurants by simply uttering the words “service dog.” The video features two citizens who use seeing-eye dogs; they are horrified by  the scheming dog owners. But with fake certificates and vests obtained online, business owners can’t tell the difference and may face lawsuits if they ask more than the two questions outlined by the Americans with Disabilities Act:

1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?

Because of these sneaky pet owners, people with disabilities who actually need the assistance of service dogs are facing the consequences. For example, seven-year-old Zachary Sorrells, who suffers from cerebral palsy and epilepsy, was not allowed to bring his service dog to school with him. The boy has been on seizure medication since he was 12 months old, but his service dog, Majesty, can detect seizures before he has them. With Majesty’s help, Zachary’s parents were able to wean him off the medication.

The Sorrells moved to Arkansas for a special children’s hospital for their son. When he began attending school in August, the Cabot School District told the family that Zachary could not bring Majesty to school with him. Later officials told the Sorrells that Majesty could accompany him with a handler present at all times. The handler would be an expensive burden on the family — $500 each month — so the Sorrells filed a complaint with the Office of Civil Rights.

An 8-year-old girl from Illinois is fighting a similar battle. Kellsey McGuire was diagnosed with epilepsy at 18 months old. Shortly after she began attending Sherrard Grade Day School in January 2014, Kellsey was forbidden to bring her service dog Jasper to school with her. In an interview with KWDC, Kellsey’s mother, Brandi, said her daughter has had up to 90 seizures in a day and Jasper helps them know when she is experiencing one. The family is currently seeking legal aid on the matter; their attorney says the school district violated the ADA.

Another large group of people who use service dogs are Veterans with PTSD and other disabilities. According to the U.S. Department of Veterans Affairs, service dogs and emotional support dogs may be helpful to those who have PTSD. The VA is currently conducting research “to determine if there are things a dog can do for a Veteran with PTSD that would qualify the animal as a Service Dog for PTSD.” Additionally, veterans who suffer physical injuries benefit from the assistance of trained service dogs in their day-to-day lives. Below is an image of Jeffrey Adams and his service dog Sharif, who responds to 40 different commands and carries out crucial tasks when he removes his prosthetic.

Would you continue cheating the system if you knew you were hurting the people who actually need their dogs for assistance in public places? I think it’s time for pet owners who selfishly dress their dogs in service vests to consider those who actually need service dogs. The ADA requires reform–the loophole is so large that anyone could label her dog a service dog. The government should crack down on the websites that provide fake certificates and vests for dogs.

Real service dogs take years to train; they respond to commands and help their owners with tasks from picking objects up to guiding their owners down the street. For some, their lives depend on their service dogs, and for others they rely on the dogs to complete tasks they could not otherwise complete. For the rest of the dog owners out there, keep your dogs where they belong and dress them how you like, so long as you stop mislabeling your pet as a service dog.

Featured image courtesy of [Found Animals Foundation via Flickr]

Natasha Paulmeno

Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

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