[Nyagdu] United States V. Dollar Services

[Marion Gwizdala]

Dear All,
    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. 
    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.

Fraternally yours,
Marion Gwizdala 
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