[Flagdu] Can You be Required to Pay Fees for Licensing YourServiceDog?

[Marion Gwizdala]

Jody,
    I appreciate your message. Let me clear up what seems to be a 
misunderstanding about this message. It is not my position that a service 
dog user should be required to show proof that the dog is a trained service 
dog. My message is only a lay interpretation of what the law states and is 
in response to a discussion that occurred on the NAGDU list which I chose to 
disseminate more widely in an effort to help others understand this issue.
    In this spirit, let me take this issue a little further. The Americans 
with Disabilities Act is a civil rights law prohibiting discrimination on 
the basis of disability. The payment of fees and taxes are not civil rights, 
they are civil responsibilities. The requirement to pay fees and taxes as 
the condition to own some property does not discriminate against us as blind 
people, since all people similarly situated are required to pay such fees or 
taxes. If, however, we request some concessions because of our blindness, we 
may be required to show objective evidence that we qualify for such a 
concession. For instance, the county in which I live offers an additional 
homestead exemption for disabled homeowners. In order to qualify for this 
exemption, I must show proof that I qualify for this concession.
    If a jurisdiction offers a concession and imposes specific requirements 
for documentation to receive this concession, that is their right. It does 
not violate any prohibitions against discrimination, as it is not 
discriminatory. It does not deny you any benefit, treat you inequitably, 
separate you, or otherwise treat you differently because of your disability.
    If you disagree with the ordinance, it is your right as a citizen to 
request a redress of your concerns. It seems as if, in Martin county, I 
would not qualify for the concession, as I do not have a Seeing eye Dog. 
Mine is from the Guide Dog Foundation. I suggest you work with the Martin 
Chapter to take this issue to the county commission to have the ordinance 
amended to include other service dogs, creating language that extends this 
privilege to other owner-trainers.
    As for my position, I personally support, endorse, and advocate for the 
right of blind people to train their own dogs. I have considered it myself. 
This is the reason I have advocated for those states whose statutes are not 
congruent with federal law by requiring identification as a precondition for 
access through the introduction of Resolution 2010-25 which passed the 
convention unanimously, in spite of some early opposition. A number of my 
constituents are owner-trainers and I will continue to advocate for equal 
protections for them under the law.
    I hope this clears up any confusion about this issue. If you need 
further clarification, please do not hesitate 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


----- Original Message ----- 
From: "Jody W. Ianuzzi" <jody at thewhitehats.com>
To: "'Florida Association of Guide Dog Users'" <flagdu at nfbnet.org>
Sent: Tuesday, March 13, 2012 9:59 PM
Subject: Re: [Flagdu] Can You be Required to Pay Fees for Licensing 
YourServiceDog?


> Hello Marion,
>
> I disagree with your position that a service dog handler should be 
> required
> to show proof of qualifications as a service dog.  As an owner trainer I
> don't have such 'proof' and my dog may work the same or even better then a
> school trained dog that has  proof.
>
> In Martin County the requirement is for a 'Seeing Eye Dog' as written in 
> the
> ordinance.  Technically they have no clue what they are talking about 
> since
> this expression Seeing Eye Dog is used as a generic guide dog.
>
> I walked in to the licensing office with my dog in harness functioning as 
> a
> guide dog and no one questioned it.
>
> Maybe I was just lucky but if it quacks like a duck and looks like a duck
> etc.
>
> JODY
>
>
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