[nagdu] Licensing Your Dog

Tue Mar 13 15:30:12 UTC 2012

Julie,
    The statement that "The ADA clearly states that no tax or fee can be 
charged of a service dog" is not completely accurate. The ADA states

"Subject to the provisions of this title, no qualified individual with a 
disability shall, by reason of such disability, be excluded from 
participation in or be denied the benefits of the services, programs, or 
activities of a public entity, or be subjected to discrimination by any such 
entity." (42 USC 12132)

The implementing regulations contained at 28 CFR Part 35.136 state

"
(a) General. Generally, a public entity shall modify its policies, 
practices, or procedures to permit the use of a service animal by an 
individual with a disability.

g) Access to areas of a public entity.Individuals with disabilities shall be 
permitted to be accompanied by their service animals in all areas of a 
public entity's facilities where members of the public, participants in 
services, programs or activities, or invitees, as relevant, are allowed to 
go.

(h) Surcharges. A public entity shall not ask or require an individual with 
a disability to pay a surcharge, even if people accompanied by pets are 
required to pay fees, or to comply with other requirements generally not 
applicable to people without pets. If a public entity normally charges 
individuals for the damage they cause, an individual with a disability may 
be charged for damage caused by his or her service animal."

It seems to me that these regulations clearly govern access to the programs 
and services of a public accommodation in which pets are not generally 
allowed, allowing individuals with disabilities to be accompanied by their 
service dog. Though a public entity may not levy a surcharge for the right 
to be accompanied by a service dog, it does not preclude the levy of other 
fees or taxes all other animal owners are required to pay, such as licensing 
fees. Some jurisdictions, such as Hillsborough County where I live, waive 
the fees altogether. It seems as if the policy of the jurisdiction posted by 
Cindy is to offer a discount of the fee. I would guess there may be other 
jurisdictions that offer no concessions at all. Charging such fees do not 
prevent an individual from being accompanied by a service dog. If, however, 
a jurisdiction required a special tag -whether or not they charged for such 
a tag - identifying a dog as a service animal as a precondition to access, 
this would be discriminatory. (There was one county in Florida that was 
doing such a thing and I have heard of a few others around the country doing 
the same.)

    Most states levy taxes on dog food, veterinarian care, and medications 
for animals. These taxes are levied on everyone who makes such purchases 
and, therefore, are not discriminatory. Some states offer a tax exemption 
for food, medical treatment, and medications for a service dog; some do not. 
Such a tax exemption is accompanied by the requirement that one show proof 
that the dog is a service animal. The exemption is a privilege, not a civil 
right.

    Having said this, I believe that those who owner-train should discuss 
this issue with their taxing authority to create a policy through which they 
would qualify for the same privileges as those with program-trained service 
dogs. I would support such efforts in the interest of equity.

Fraternally yours,

Marion

    ----- Original Message ----- 
From: "Julie J." <julielj at neb.rr.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, March 13, 2012 8:20 AM
Subject: Re: [nagdu] Licensing Your Dog

>I disagree.  The ADA clearly states that no tax or fee can be charged of a 
>service dog.    I also believe that the county government is a public 
>entity that is charging a fee to have a dog in it's jurisdiction, the land 
>operated by the county.   Service dogs are not pets and are not subject to 
>the same laws governing pets in any other instance.  Why would they be in 
>this case.
>
> I know of no case law that addresses this issue though.  It would be 
> interesting to see how it would be viewed by the DOJ or in court.
>
> I think the issue of license fees is very different from the free eye 
> exams or similar charity programs.  Those are not a requirement and are 
> not a law that must be complied with.
>
> JMO
> Julie
>
>
>
> On 3/13/2012 6:55 AM, Marion Gwizdala wrote:
>>    Just in case my previous message was missed, the ADA only governs 
>> civil rights access to public entities and private entities that provide 
>> public accommodations. Licensing requirements are not civil rights, 
>> rather, they are civil responsibilities. Waiving fees for service dogs is 
>> a privilege not covered by the ADA. If a jurisdiction wishes to not waive 
>> or reduce licensing fees, there is no law prohibiting this practice.
>>
>> Fraternally  yours,
>> Marion Gwizdala
>>
>>
>>
>> ----- Original Message ----- From: "Margo and Arrow" 
>> <margo.downey at verizon.net>
>> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
>> <nagdu at nfbnet.org>
>> Sent: Monday, March 12, 2012 9:56 PM
>> Subject: Re: [nagdu] Licensing Your Dog
>>
>>
>>> Okay, what does your state law say?  what I'm getting is that they may 
>>> be trying to use your state law.  Show them the ADA.
>>>
>>> Margo andArrow
>>> ----- Original Message ----- From: "Cindy Ray" <cindyray at gmail.com>
>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
>>> <nagdu at nfbnet.org>
>>> Sent: Monday, March 12, 2012 9:41 PM
>>> Subject: Re: [nagdu] Licensing Your Dog
>>>
>>>
>>>> Well, they are asking for proof of certification of service here. YThis 
>>>> is a new venture here as three towns in the county have gone together 
>>>> to try to get licenses collected for pets.
>>>>
>>>> Cindy
>>>>
>>>>
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>>
>>
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