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<DIV><FONT size=2 face=Arial>Dear All,</FONT></DIV>
<DIV> I am cross-posting this information to all of the NAGDU
lists. Recently, the question has been 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.<BR> The
difference between this requirement and that of access to a public entity or a
private entity that provides public accommodations is that such <BR>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, <BR>they may
charge a fee and/or a deposit for such a pet. The implementing regulations of
the ADA 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. </DIV>
<DIV> I hope this information has been helpful to you. If you
have any further questions, please feel free to write back.<BR><BR>fraternally
yours,<BR>Marion Gwizdala</DIV>
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