Below are some important things you should be aware of when it comes to having a service dog. We provide these resources as a way for you to get a general idea of the information available. While we are not lawyers and we are not offering legal assistance or advice, we do feel it is important for service dog handlers to know their rights. What we have tried to do here is provide an easy reference for various laws, policies and related other guidelines for potential handlers all in one location. All the information provided should be referenced from the provided links for verification. The quick references are just to give you an idea of how things can change from one law or policy to another depending on where or what you are encountering.
US Department of Justice, Americans with disabilities act
The US Department of Justice has defined what constitutes a service dog, what the dogs are required to do, where they may and in limited situations may not go with their handlers. Proper questions businesses may ask the handlers as well as other items.
- What questions may a business ask of the handler in regards to the dog?
- There is no requirement for certification of service dogs.
- Covers access to places of public accommodation.
ADA information is best explained. Here
FAIR HOUSING ACT
Nobody should have to worry about having a safe and affordable place to live. The fair housing act covers matters regarding living in housing owned by another individual or entity and having a service dog. What reasonable accommodations a landlord must make, what measures a tenant must make and other items.
- In most all instances aplies to to privately rented residences.
- Gives guidance on how to make reasonable accommodation request.
- Applies to all public housing.
The US Department of Housing and Urban Development page on assistance animals is located. Here
air carriers act
If you ever have to fly with your service dog, knowing what you need to do ahead of time can save you a lot of headache at the gates.
- The Air Carriers Act is what covers flying with a service dog and is a separate law.
- Recent changes have made been made that affect what needs to be done based on the tasking of the dogs. Mental health versus mobility assistance.
- There is additional paperwork you will have to fill out prior to flying with your service dog.
The Air Carriers Act information is found on the Department of Transportation’s site. Here
West virginia State Law
State laws often allow for additional protections of service dogs and their handlers.
- Owners are not required to pay a head tax on their service dogs in West Virginia
- It is a misdemeanor criminal offense to interfere with a service dog while they are working.
- There is an annual White Cane Day Proclamation.