Welcome To Service Dog Laws in Virginia
Welcome to our service dog laws in Virginia guide and FAQ page, updated for 2022.
Service dog laws in Virginia require that a specially trained service dog (sometimes called assistance dog, in housing situations and in Europe) be allowed to accompany a person with a disability to all public accommodations and public carriers, with a few exceptions. There are multiple laws that govern the use of these special animals.
In this detailed guide, we’ll go through some of the most common questions about service dogs in the state of Virginia. This includes where they are allowed in public, housing information, what businesses need to know, plus much more.
In brief, service animals may go with their (legally disabled) handler wherever the public can go. There are a few exceptions, like sterile hospital environments and religious organizations.
Service dogs may go to malls, restaurants, grocery stores, movie theatres, community centres, schools, buses, taxis, hotels, Airbnb, amusement parks, doctor’s offices, hospitals, trains, and National Parks, just as a few exampeles.
Table of Contents
What is a Service Dog? The Different Definitions
There are multiple definitions of service dog, service animal, and assistance animal. It all depends on the context. For example:
The ADA – Americans with Disabilities Act – is a federal law, and governs the use of service dogs when public access rights are concerned. The ADA also comes into play for other scenarios, such as employment and education.
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.ADA – FAQ
The FHA – Fair Housing Act is another federal law, in place for people with disabilities and rights in housing situations. The Fair Housing Act has a slightly different definition of what they call “assistance animal.” This broader definition uniquely includes emotional support animals.
An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.Assistance Animals – U.S. Department of Housing & Urban Development
The ACAA – or Air Carrier Access Act – is yet another federal law and is used when people with disabilities will be taking to the air with their service dog.
Under the Air Carrier Access Act (ACAA) a service animal means a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Animal species other than dogs, emotional support animals, comfort animals, companionship animals, and service animals in training are not service animals.U.S. Department of Transportation
Service Dog Laws in Virginia – Registration & Certification
Let’s just get this out of the way right now. Service dog laws in Virginia, as well as the federal laws, do not indicate the need for service animals to be registered or certified.
Again, service animals do not need to be registered or certified for public access rights, housing, employment, or air travel. Fake service dogs might have fake service dog paperwork.
In fact, federal legitimate service animal registration and certification simply does not exist. It is not a thing.
Buying a piece of paper from the internet does not turn a dog into a service dog. Reference: ADA Frequently Asked Questions.
What Are Service Dog Work or Tasks?
Wondering what these service dog work or tasks are, exactly? There are a wide variety of service dog tasks, too many to even list here.
Service dogs must be trained to take a specific action when it is needed to help someone with the characteristics or affects of their disability.
A few examples are:
- Service dogs can alert someone with diabetes when their blood sugar reaches dangerously high or low levels
- Service dogs can help people who live with depression to remind them to take their medication
- Service dogs can help a person with epilepsy to detect the onset of a seizure and then help the person remain safe during the seizure
- Service dogs can help people with autism by interrupting repetitive behaviours, or keeping a child with autism from wandering off and getting lost, among other tasks
- Psychiatric service dogs can do many different tasks for people living with PTSD and other conditions, including waking someone up from a nightmare
- Guide dogs can help with navigation for people who are blind or living with low vision
Emotional Support Animals
The first difference between emotional support animals and service animals is that service animals are individually trained for a specific person’s disability; emotional support animals are not usually trained at all, beyond basic dog training.
Currently, emotional support animals do not have the same rights as service dogs under the ADA laws for public access rights.
In terms of air travel, the ACAA’s definition of service animal does not include emotional support animals. In other words, ESA’s aren’t permitted to fly in the cabin of a plane with their human. Emotional support animals are still able to travel in the air as pets.
In housing is where things get interesting. The FHA or Fair Housing Act’s definition of “assistance animal” for housing includes emotional support animals.
In other words, a service dog team must be permitted access to any place the public can go (with a few exceptions).
An emotional support animal can be denied access to air travel and public places, but may certainly have rights when it comes to housing.
Virginia Emotional Support Animal Laws
In Virginia, emotional support animals are governed by various laws. Here are some facts about VA emotional support animal laws in different contexts.
- Emotional support animals (ESAs) are not automatically exempt from a housing provider’s no-pet policies
- Someone with a disability can request a “reasonable accommodation” for an ESA in a housing situation, and housing providers need to be accommodating unless they can show that allowing an ESA would be an undue burden on its operations
- ESA’s do not need to be specially trained in order to qualify for a reasonable accommodation for a housing situation
- Animals other than dogs may also function as emotional support, therapy or assistance animals in housing situations under the Fair Housing Act (I think that is why ESAs are called “ assistance animals,” not “service dogs” under this Act)
- Payment may be required for any specific damage done to the premises by an ESA
- It is illegal to charge someone with a disability an extra fee to keep a guide or service dog or an emotional support, therapy or assistance animal (ESA)
- Emotional support animals are no longer included in the ACAA (Air Carrier Access Act) definition of service animal, therefore…
- ESA’s may not travel in the cabin of a plane with their human under the ACAA; although, individual airlines may vary. ESAs may still travel through the air as a pet
- Emotional support animals are not covered by the ADA for public access rights, so they can be denied access to public places, although individual businesses may vary
- ESAs can still visit “pet-friendly” public accommodations with their handler
- ESAs can be requested as a reasonable accommodation in an employment situation under the Americans with Disabilities Act
- Emotional support animals do not need to be registered for any reason. No legitimate ESA registration system exists. Websites selling ESA papers online are not recognized by the Department of Justice nor the ADA, and purchasing one of those piece of papers from the internet does not give someone any special rights. What is needed for housing and/or employment is a letter from a doctor or other medical professional merely stating the animal is required
Is it Illegal to Have a Fake Service Dog in Virginia?
Yes, it’s illegal to have a fake service dog in Virginia. Unfortunately, fake service dogs have become a real concern, and sadly cause more problems for legitimate service dog teams who are merely trying to go about their lives. Anyone caught trying to pass off a fake service dog in Virginia will be guilty of a Class 4 misdemeanour. This law came into effect in July of 2016. The maximum fine is $250.
Any person who knowingly and willfully fits a dog with a harness, collar, vest, or sign, or uses an identification card commonly used by a person with a disability, in order to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog pursuant to provisions in § 51.5-44 is guilty of a Class 4 misdemeanor.Virginia Code
Does Virginia Recognize Emotional Support Dogs?
Emotional support animals are not recognized in Virginia in terms of public access rights or for air travel in air plane cabins. However, under the federal Fair Housing Act, emotional support animals are included in their definition of “assistance animal” and have some rights.
In other words, emotional support animals in Virginia can be denied access to public places like restaurants, and from traveling in the cabin of an air plane, but not necessarily in housing and/or employment situations.
Do Service Dogs Have to Wear a Vest in Virginia?
No, service dogs aren’t required to wear a vest in Virginia or in any other state. This is according to the federal Americans with Disabilities Act (ADA). Service dogs must be trained for a person with a disability, and must be under control at all times, but aren’t required to wear a vest, ID tag, or special cape, and are not required to be registered or certified.
Do Service Dogs in Training Have Public Access in Virginia?
While the federal ADA laws do not include rights for service animals in training, most states have their own laws that address it. In Virginia, service dog trainers who are engaged in training have the same rights and privileges with regard to public access rights. The trainer is liable for any damages that the service animal in training might be responsible for.
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.Virginia Code
Can an Emotional Support Animal go Anywhere?
No, emotional support animals can not just go anywhere. Emotional support dogs are not service dogs. Service dogs have public access rights and are permitted almost anywhere the public is allowed, including in the cabin of air planes and housing. Emotional support animals can be denied access to anywhere that isn’t pet friendly, and aren’t permitted in airplane cabins.
Emotional support animals are included in the Fair Housing Act’s definition of assistance animal for housing purposes, so therefore, have some rights in renting and housing situations.
Read more: Service Dog vs Emotional Support Dog
What Is The ADA?
The ADA stands for the Americans with Disabilities Act. It is a federal wide-ranging civil rights law. It prohibits discrimination based on disability.
Under the ADA, the following “covered entities” that serve the public generally must allow service animals to accompany people with disabilities in all areas of the business or facility where the public is normally invited or allowed to go.
- State governments
- Local governments
- Nonprofit organizations
Where Does The ADA Apply?
- Places of public accommodation which include…
- Places of lodging
- Places serving food or drink
- Places of entertainment
- Places of public gathering
- Sales or rental establishments
- Service establishments
- Stations used for specified public transportation
- Places of public display or collection
- Places of recreation
- Places of education
- Social service center establishments
- Places of exercise or recreation
- Public services, programs, and activities, which include: schools, and state and local government offices
- Public transportation
- Private transportation, like Greyhound bus service
- The workplace
- Airport terminals
- There is no formal service animal certification process or paperwork that is recognized by Virginia State or the federal government
- Having said that, air carriers (airlines), employers, and housing providers such as landlords may require certain and specific documentation
- Documentation may not be required for public access as a condition of entry (prohibited by the Americans with Disabilities Act).
The following items are not required for an animal to qualify as a service dog no matter which service dog laws in Virginia we are talking about:
- Service dog vest
- Service dog markings of any kind
Vests, service dog markings, and service dog documentation can not be used as a reliable indication of whether an animal is legally a service dog.
A therapy dog/animal, emotional support animal, or another animal wearing a vest or having a special marking, does not make these types of dogs a service animal.
Technically speaking, only dogs are service animals under the federal ADA definition for public access rights. Other species of animal, whether that be wild animals or domestic, trained or untrained, are not service animals for the purposes of the ADA.
Service animals may or may not be other types of animals in terms of housing and employment situations. But for now, let’s talk about public access rights.
Even though dogs are the only service animal defined by the ADA, there is a separate provision in the ADA that does cover miniature horses.
What this means is that a miniature horse that has been trained to do work or tasks for a specific disability shall have the same rights as service dogs wherever possible.
Businesses and other covered entities need to provide access for miniature horses whenever possible. Reasonable modifications need to be made in policies, practices, or procedures to permit the use of a miniature horse by person with a disability.
There are additional assessment factors for miniature horses
To determine whether to allow a miniature horse into a specific facility, the business will need to consider the following:
- The type, size, and weight of the miniature horse and whether the facility can accommodate these features safely
- Whether the handler has sufficient control of the miniature horse
- Whether the miniature horse is housebroken
- Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation
Let’s just briefly discuss what therapy dogs are and aren’t, since many people aren’t sure and it can be confusing as there are so many amazing types of dogs in the world! Lucky humans we are indeed.
A therapy dog is not a service dog, and that’s because therapy dogs aren’t trained to do “work or tasks” for an individual’s disability. Plain and simple.
A therapy dog is usually someone’s pet that enjoys meeting a large number of different people in different settings.
The people who are fortunate enough to spend time with a therapy dog receive great benefits, such as reduced anxiety and added joy.
They often visit places such as schools, hospitals, nursing homes, and other settings where the stress in people may likely be high.
Fees, extra charges, or pet deposits may not be charged for service animals. This is true whether we are talking about the ADA, ACAA, FHA, or Virginia State service dog laws.
A service animal is not considered a pet. Someone using a service animal must not be turned away or denied access because of a “no pets” rule or policy.
In the case where a public entity usually charges people for damage caused by an animal or pet, a person with a disability may also be charged for damage caused by their service animal.
Control of Service Animals
- Service animals must be under control at all times & should not pose a direct threat to the health and safety of others
- Service animals must comply with state and local animal control laws
Service animals should be kept at a person’s side quietly, unless they are performing a specific task.
Service animals must be leashed, harnessed, or tethered unless this may interfere with the service animals’ work. Or, if a disability prevents using them. In those cases, service animals still need to be controlled through voice, hand signals, or another effective way.
Information For Businesses
It’s obviously important for businesses and other “covered entities” to be aware of service dog laws in Virginia as well as the federal laws. If not, they could be accused of discrimination.
The Americans with Disabilities Act prohibits the following:
- Asking about a disability
- Requiring medical documentation
- Requiring a special identification card or training documentation for the dog (or mini horse)
- Ask that the animal demonstrate its ability to perform the work or task
- Charge an extra fee because of the animal
- Segregate the customer with a disability from other customers
Permitted Questions to Ask
If the reason for the service dog is obvious, then businesses and other covered entities may not inquire about the use of the animal.
When it’s not obvious – and many disabilities are invisible – businesses may only ask two questions to someone using a service dog. That’s it.
The questions are:
(1) Is the dog a service animal required because of a disability?
(2) What work or task has the dog been trained to perform?
The Americans with Disabilities Act prohibits discrimination against disabled people in employment situations. In addition, it requires reasonable accommodation at the employee’s request.
Allowing someone with a disability to bring their service animal into the workplace environment is a form of reasonable accommodation.
As with any accommodation request, the employer must consider allowing the use of a service animal at work unless doing so poses an undue hardship, or could disrupt the workplace environment.
Note that an employee may also request that an employer allow a companion animal or emotional support animal in the workplace as an accommodation. Reasonable requests in this situation are not restricted to dogs only. Read more: Federal ADA Workplace Accommodation Guide
Psychiatric Service Dogs
Psychiatric service dogs are a type of service dog that perform work or tasks related to psychiatric disabilities.
A few examples of these types of disabilities include:
- Eating disorders
- Anxiety disorders
Here are a few examples of some psychiatric service dog tasks:
- Providing reminders to take medication at a certain time
- Service dogs can lay across their handler and apply pressure (Deep Pressure Therapy) during a panic attack, for example
- Provide tactile stimulation or grounding
- Interrupting dissociative episodes or other repetitive or problematic behaviours
- Alerting the handler to rage or other types of strong emotions
- Interrupting self-harming behaviours
- Retrieve an item, such as a water bottle and medication for a panic attack
- Wake someone up from a nightmare
- Interrupting flashbacks
- Searching the house or home to ensure it’s clear and safe before the handler enters
- Providing a “reality check” to help with hallucinations
- Stabilizing a routine for someone
- Read more: Psychiatric Service Dog Tasks – 17 Examples
The difference between psychiatric service dogs and emotional support dogs is simple: Psychiatric service dogs are trained to do at least one task for a specific person’s disability, and the task is related to the disability.
Emotional support animals are not task-trained like this, and provide comfort and other benefits by their presence alone. Emotional support animals are not service dogs, but they do have some rights when it comes to housing and employment situations.
How To Make Your Dog a Service Dog in Virginia
Stop making that sound so easy! To make your dog a service dog in Virginia, you must have a disability, and a disability-related need for the animal. Start your service dog training journey, and work on having your dog learn how to act properly in public, with basic socialization and obedience training, and performing specific tasks that mitigate the effect(s) of your disability. There are different avenues for getting a service animal.
- You could train your dog by yourself or with some help
- A dog trainer could help you
- You might be able to find a service dog training school or professional organization; some can provide fully trained service dogs
- Any combination of these options can be used
Even though service animals do not need to be professionally trained by an organization or school, they do need to be trained for your disability. This is not usually an easy task, and many people need at least some help.
It’s also important to note that not just any dog can become a service dog. Dogs are like people and have individual personalities. Some personalities do great with working; others just don’t. Some dogs truly just can’t focus, don’t listen, or want to only play (or relax) all day. Read more: Service Dog Training Basics & FAQ
As we’ve already talked about, service animals perform various work or tasks to help someone with a disability to live safely and independently. U.S. Department of Transportation Americans with Disabilities Act regulations define a service animal as “any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to:
- Guiding individuals with impaired vision
- Alerting individuals with impaired hearing to intruders or sounds
- Providing minimal protection or rescue work
- Pulling a wheelchair
- Fetching dropped items
When riding transit, customers with disabilities who use service animals are responsible for maintaining control over their animals (and caring for them) at all times.
Riders are also responsible for knowing the best way to board and position their service animal on the vehicle, especially if the service animal may be required to provide assistance (“tasking”) during the transit trip.
Service animals may not block aisles or exits.
According to ADA regulations, every transportation employee or operator who serves people with disabilities needs to be trained so that they know how to provide non-discriminatory service in an appropriate and respectful way.
When serving passengers who are blind, operators should:
- Identify themselves
- Speak directly to the customer instead of through a companion
- Use specifics such as “there are five boarding steps and a 10-inch drop to the curb” when giving directions
Transit agencies should be aware of the following rules under ADA:
- Operators must allow all service animals on board
- Operators may not ask for proof of service animal, certification or of the customer’s disability
- Operators may not require a person traveling with a service animal to sit in a particular seat on the vehicle or charge a cleaning fee for customers who bring service animals onto the vehicle, unless the animal causes damage
- Federal ADA Service Dog Laws – General Guide & FAQ
- Federal ADA Workplace Accommodation Guide
- Service Animal In Training Laws By U.S. State