[Blindtlk] Can You be Required to Pay Fees for Licensing Your Service Dog?

[Marion Gwizdala]

Dear All,
    I am cross-posting this information to a couple of NFB lists, as I believe it is important information for all NFB leaders and grassroots members. Recently, the question was discussed on the NAGDU list about whether or not a jurisdiction responsible for enforcing vaccination requirements through the licensing of animals can charge a fee to service dog users. The information I will offer should be considered informal guidance only; it should not be construed as legal advice. My understanding and lay interpretation of the interaction between the ADA and licensing requirements is that, in the case of licensing, all animal owners are required by law to vaccinate their animals and show proof of this vaccination to the agency responsible for ensuring this has been done, paying a fee for this service, and receiving a license or tag as proof of vaccination. Every animal owner is required to do this, so it would not be considered discriminatory to require a service animal user to do so, as well. In those jurisdictions offering a waiver of such fees to service animal users, in order to qualify for such a waiver, proof that the animal is a service animal can be required in order to receive the waiver.
    The difference between this requirement and that of access to a public entity or a private entity that provides public accommodations is that such 
entities are not legally required to grant access to pets to their programs, services, or accommodations. As the result, in exchange for allowing a pet, 
they may charge a fee and/or a deposit for such a pet. The implementing regulations of the ADA (28 CFR Part 35.136 & 28 CFR Part 36.302)  requires that such entities allow service animals and, since such access is required by law, they may not charge any fees and/or deposits or require documentation.    
    I hope this information has been helpful to you. If you have any further questions, please feel free to write back.

fraternally yours,
Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind
813-626-2789
President at NAGDU.ORG
HTTP://WWW.NAGDU.ORG