State laws Virginia
From Service Dog Training
State laws in Virginia.
E. Every totally or partially blind person shall have the right to be accompanied by a dog, in harness, trained as a guide dog, every deaf or hearing-impaired person shall have the right to be accompanied by a dog trained as a hearing dog on a blaze orange leash, and every mobility-impaired or otherwise disabled person shall have the right to be accompanied by a dog, trained as a service dog, in a harness, backpack, or vest identifying the dog as a trained service dog, in any of the places listed in subsection B without being required to pay an extra charge for the dog; provided that he shall be liable for any damage done to the premises or facilities by such dog. The provisions of this section shall apply to persons accompanied by a dog that is in training, at least six months of age, and is (i) in harness, provided such person is an experienced trainer of guide dogs or is conducting continuing training of a guide dog; (ii) on a blaze orange leash, provided such person is an experienced trainer of hearing dogs or is conducting continuing training of a hearing dog; (iii) in a harness, backpack, or vest identifying the dog as a trained service dog, provided such person is an experienced trainer of service dogs or is conducting continuing training of a service dog; (iv) wearing a jacket identifying the recognized guide, hearing or service dog organization, provided such person is an experienced trainer of the organization identified on the jacket; or (v) the person is part of a three-unit service dog team and is conducting continuing training of a service dog.
As used in this chapter, "hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond.
As used in this chapter, "service dog" means a dog trained to accompany its owner or handler for the purpose of carrying items, retrieving objects, pulling a wheelchair, alerting the owner or handler to medical conditions, or other such activities of service or support necessary to mitigate a disability.
As used in this chapter, "three-unit service dog team" means a team consisting of a trained service dog, a disabled person, and a person who is an adult and who has been trained to handle the service dog.
As used in this chapter, "mobility-impaired person" means any person who has completed training to use a dog for service or support because he is unable to move about without the aid of crutches, a wheelchair or any other form of support or because of limited functional ability to ambulate, climb, descend, sit, rise or perform any related function.
(Code 1950, § 63.1-171.2; 1972, c. 156; 1979, c. 207; 1985, c. 421, § 51.01-44; 1987, c. 500; 1989, c. 326; 1994, c. 108; 2001, c. 443; 2008, cc. 431, 506.)
51.5-45. Right of persons with disabilities to housing accommodations.
A. All persons with disabilities shall be entitled to full and equal opportunity to acquire, as other members of the general public, any housing accommodations offered for sale, rent, lease, or compensation, subject to the conditions and limitations established by law and applying alike to all persons. "Housing accommodations" for the purpose of this section means any real property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but shall not include any single family residence the occupant or owner of which rents, leases, or furnishes for compensation not more than one room therein.
B. Every visually-impaired person who has a guide dog, any hearing-impaired person who has a hearing dog, and every mobility-impaired person with a service dog, as those terms are defined in § 51.5-44, shall be entitled to full and equal access with such dog to all housing accommodations provided for in this section. He shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises by such dog.
C. Nothing in this section shall require any person offering for sale, renting, leasing, or providing for compensation real property to modify that real property or provide a higher degree of care for a person with a disability than for a person who is not disabled, except as provided in § 36-99.5, nor shall anything in this section require any person who is selling, renting, leasing, or providing for compensation real property to sell, rent, lease or provide such property to any person who would constitute a direct threat to the property or safety of others.
(Code 1950, § 63.1-171.7; 1972, c. 156; 1979, c. 207; 1984, c. 753; 1985, c. 421, § 51.01-45; 1987, c. 500.)
Overview
These laws protect the rights of disabled persons to be accompanied by a service animal in all places of public accommodation. They include a provision requiring the animal to wear certain identifying equipment, such as orange leashes, harnesses or backpacks. Because the ADA does not require the use of specific equipment on a service dog, the ADA in this case provides greater protection for the service dog user and would be the guideline for access issues in this state.
State laws may be superseded by the ADA. For the text of the ADA, click here. For general information about service dogs, click here. If you are looking for information on service dogs in places of business, check out our Information for businesses.
All opinions and summaries on this page are my own and should not be construed as legal advice. If you are in need of advice on the state or federal laws applicable to service dogs you should contact a lawyer. Last revised 9/26/2009
