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<DIV><FONT size=2 face=Arial>Dear All,</FONT></DIV>
<DIV><FONT size=2 face=Arial> On the NAGDU list we have been
discussing the issue of a rental car agency that stated they would charge an
additional fee to a blind person accompanied by a guide dog in one of their
vehicles. Though this is not directly guide dog related, the attached settlement
is a very important part of case law that every blind person should be aware.
The case law this creates states a place of public accommodation, including a
rental car agency is required to modify any policies, practices, or
procedures that have the effect of discriminating against a disabled person and
cannot charge an additional fee because of that person's disability. This
settlement requires rental car agencies to modify its policy of requiring a
person renting a vehicle to have a valid driver's license to rent the vehicle,
provided the person renting the vehicle meets the other requirements of being
able to enter into a legal contract, having a valid photo identification and a
credit card. Furthermore, if the person renting the vehicle is unable to obtain
a driver's license due to that disability, it prohibits charging an additional
driver fee. </FONT></DIV>
<DIV><FONT size=2 face=Arial> As the ADA applies to Guide dogs
in rental cars and, for that matter, any place of public accommodation, it
prohibits charging an additional fee because of the presence of a service
animal. It does allow a place of public accommodation to charge for any damage
caused by the service animal if it is the place of public accommodations regular
policy to charge for such damage, normal wear and tear is excepted. So, cleaning
the vehicle, hotel room, area around a table at a restaurant, etc. would not be
considered "damage", as it is not the public accommodation's normal practice to
charge other guests for such cleaning after use.</FONT></DIV>
<DIV><FONT size=2 face=Arial></FONT> </DIV>
<DIV><FONT size=2 face=Arial>Fraternally yours,</FONT></DIV>
<DIV><FONT size=2 face=Arial>Marion Gwizdala </FONT></DIV></BODY></HTML>