A man with autism has launched legal action against Sainsbury’s for denying entry to his assistance cat.
Ian Fenn, 51, relies on Chloe, 12, to face the world every day and stop him feeling “overwhelmed”.
But Mr Fenn was left “upset” and “trembling” after he says he was ordered out of a branch of the supermarket in Clapham Common, south London, which knocked his confidence.
Sainsbury’s welcomes assistance dogs but says cats could pose a hygiene risk.
It says it has asked its environmental health team to investigate possible solutions.
But Mr Fenn told Sky News he has “no choice” but to take action because the supermarket is the nearest within walking distance.
Now the case could set a new legal precedent – with potential ramifications for landlords and employers, who may be required to consider allowing assistance animals inside rented accommodation and workspaces.
Mr Fenn was diagnosed with autism two years ago after years of struggling in busy social environments.
He contacted Sainsbury’s via Twitter to request permission to take Chloe into the Clapham branch on 12 March this year, having previously visited nearby stores in Balham and Tooting.
“I was at ease, I had been to the two other stores without a problem,’ he told Sky News. “Then the security guard said ‘out, out, out’.”
Mr Fenn, a software designer, asked to speak to a store manager but says he was repeatedly told to go.
“I just shut down, I just wanted to leave and was trembling.”
Mr Fenn said he “couldn’t bear thinking about” leaving Chloe outside.
He says he does everything to mitigate concerns, including specialist training and diet and treating her coat once a week.
“She is a very special cat with the perfect temperament,” he added.
Chloe acts as a “conversation starter” and “social lubricant” for Mr Fenn.
“Prior to Chloe I would be overwhelmed by the bright lights, I would forget what I was there for, I couldn’t make a decision, I would become flustered and I would end up leaving,” he said.
“But with Chloe, I could do a full shop. It’s not a silver bullet but it’s not as stressful.”
‘I don’t have a choice’
Speaking about the looming litigation with Sainsbury’s, Mr Fenn said: “They just closed the conversation. They are not treating me with respect.
“I don’t have a lot of choice. They are the only supermarket within walking distance, there is nothing similar to Sainsbury’s.”
Chloe has accompanied Mr Fenn to a branch of Tesco which is a train ride away.
His feline friend has also joined him for trips to his local hospital, GP and restaurants.
“It’s only Sainsbury’s that has the issue,” he added.
“From a personal perspective I would rather not be taking court action because it is stressful and it is considerable money.
“The only reason I’m taking it forward is because Sainsbury’s have given me no choice.”
It is hoped the case will provide clarity on how the law applies to individuals.
The Equality Act 2010 puts a duty on employers to make reasonable adjustments to the workplace or its practices to ensure disabled people are not at a substantial disadvantage.
‘This is not a novelty case’
Mr Fenn’s legal representative, leading disability rights lawyer Chris Fry, has invited Sainsbury’s to reconsider its position.
He told Sky News: “This isn’t a novelty case, it is not about people being given free rein to take their hamster into work.
“This case is about trying to provide a means for people who have assistance animals to engage in society.
“Without Chloe Ian felt trapped in his house. Chloe helps him to engage in a full and inclusive lifestyle, he wouldn’t otherwise. That’s the crux of it.
“Guide dogs are generally accepted, dogs are generally accepted, there has never been a case to explore what other animals might be appropriate.
“Our view is under the Equality Act service providers have to change their policy to allow other animals to be permitted.
“Unless we can explore a change in policy we expect the case to go to trial within the next 12 months.”
A Sainsbury’s spokesperson said: “We want to be an inclusive retailer where people love to work and shop and understand that some of our colleagues and customers may need support in our stores.
“At the same time, safety is our highest priority and our colleagues are trained to balance maintaining our high food hygiene standards with supporting all our customers who shop with us.
“We are in contact with the local Environmental Health team to see if there are ways we can help Mr Fenn to visit our store without compromising this.”
