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Disability Law Index - Public Entities: Surcharge
Regulation:
28 C.F.R. § 35.130(f) - General prohibitions against discrimination
A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.
Case:
Klingler v. Director, Dept. of Rev., State of MO., 433 F.3d 1078 (8th Cir. 2006).
- Court found $2 fee for handicap parking placard an impermissable surcharge
- Rather than distributing the cost of ensuring accessible parking among all of its citizens, Missouri's scheme imposes a fee upon those disabled persons who require the removable placards.
Meagley v. City of Little Rock, 639 F.3d 384 (8th Cir. 2011).
- A zoo's scooter rental fee was not an impermissable surcharge. The scooter was not offered as part of the zoo's obligations under the ADA and was available for everyone to rent.