West Virginia Laws on Service Dogs and Emotional Support Animals

Under West Virginia's White Cane Law and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to bring service animals to all "public accommodations," including restaurants, theaters, schools, stores, and motels.

Below, we explain which animals qualify as service animals in West Virginia and which public places must admit them. We'll also discuss when the law protects your right to have an emotional support animal (ESA) in West Virginia.

What Counts as a Service Animal in West Virginia?

Under the ADA, a service animal is a dog (or miniature horse) trained to perform disability-related tasks for a person with a disability. (28 C.F.R. § 36.104.) In addition to hearing dogs and guide dogs, service animals that must be allowed into public accommodations under the ADA include:

• seizure alert animals, which let their handlers know of impending seizures and might also guard their handlers during seizure activity
• allergen alert animals, which let their handlers know of foods or other substances that could be dangerous (such as peanuts), and
• psychiatric service animals, which can help their handlers manage mental and emotional disabilities by reminding them to take medication, checking spaces for intruders, or providing calming pressure during panic attacks.

West Virginia's White Cane Law defines a service animal as a guide dog, signal dog, or other animal individually trained to perform work or tasks for someone with a physical or mental disability. (W. VA. Code § 5-15-3.) The law lists the following as examples of tasks a service animal might perform:

• guiding those with visual impairments
• alerting those with hearing impairments to intruders or other sounds
• pulling a wheelchair
• fetching dropped items, or
• providing minimal rescue or protection work.

Are Emotional Support Animals Covered Under West Virginia Law?

Emotional support animals provide a sense of safety, companionship, and comfort to those with psychiatric or emotional conditions, which can have therapeutic benefits. But emotional support animals aren't individually trained to perform specific tasks for their handlers, so they don't qualify as service animals under the ADA or West Virginia law. This means that public places aren't required to admit emotional support animals, only service animals. But federal housing law protects your right to have an ESA in your home. (More on this below.)

Public Accommodations Defined in West Virginia

Under West Virginia's White Cane Law, people with disabilities can be accompanied by a service animal in all public accommodations. (W. Va. Code § 5-15-4.) This state law defines public accommodations to include all of the following:

• public transportation and common carriers, such as buses and cars
• hotels and lodging places
• restaurants
• hospitals and professional offices that provide health or legal services, and
• other places to which the general public is invited, including places of employment.

The ADA sets out a long list of facilities that qualify as public accommodations. (42 U.S.C § 12181(7).) The law protects your right to have a service dog (or sometimes a miniature horse) in all of the following places:

• hotels and other lodging establishments
• restaurants and other places that serve food and drink
• recreational facilities, such as gyms, zoos, and parks
• libraries, museums, and other places where items are collected or displayed publicly
• educational institutions, and
• social service centers, like senior centers, homeless shelters, and food banks.

Rules for Your Service Animal in West Virginia

Under the ADA, staff at a public accommodation can't ask you questions about your disability or demand to see certification, identification, or other proof of your animal's training or status. If it's not apparent what your service animal does, the establishment can ask you only whether your dog (or miniature horse) is a service animal and what tasks it performs for you. (28 CFR § 35.136(f).)

Under West Virginia's White Cane Law, a service animal doesn't have to be licensed or certified by any government and doesn't need to be identified by a particular sign or label. But your service animal must be leashed while on public transportation like buses, and it can't take up a seat. West Virginia's law also covers animals being trained by certified service animal trainers. (W. Va. Code § 5-15-4(d)-(e).)

The ADA and West Virginia law both prohibit public accommodations from charging a special admission fee or requiring you to pay any other extra cost to have your service animal with you. But, you might have to pay for any damage your animal causes.

West Virginia law creates an exception to this rule: You aren't liable for damage done by your service animal to someone who provokes or incites your animal to cause damage. (W. Va. Code § 5-15-4(c).)

The ADA allows a public accommodation to exclude your service animal if it poses a direct threat to health and safety. For example, a public accommodation can kick out a service dog that's aggressively barking and snapping at other customers. A facility can also exclude your animal if it isn't housebroken or if it's out of control and you're unable or unwilling to effectively control it. (28 C.F.R. § 36.302(c)(2)).

Service Animals and Emotional Support Animals in West Virginia Housing

The federal Fair Housing Act (FHA) prohibits discrimination in housing accommodations against people with disabilities who use "assistance animals." You must be allowed full and equal access to all housing facilities.

Under the Fair Housing Act, service dogs and emotional support animals qualify as assistance animals. That means housing facilities must allow service animals and ESAs if an occupant with a disability needs one to have an equal opportunity to use and enjoy the home.

Under the FHA, your landlord can't charge you extra for having an assistance animal—even a standard pet deposit—although you'll likely have to pay for any damage your animal causes. If your lease or rental agreement includes a "no pets" provision, it doesn't apply to your assistance animal.

To fall under this provision, you must have a disability and a disability-related need for the animal. In other words, the animal must perform tasks or services or alleviate the emotional effects of your disability to qualify. If it's not apparent, your landlord can ask to see documentation of your disability and your need for the animal. (Learn more at the Department of Housing and Urban Development's assistance animals page at HUD.gov.)

West Virginia's Fair Housing Act was repealed on February 8, 2024. The law barred discrimination in renting housing based on disability and required landlords to accommodate assistance animals (defined as any service, therapy, or support animal that weighs less than 150 pounds). A new bill (HB 4757) that would reinstate many of the state's Fair Housing Act protections was introduced in 2024.

Learn more about your protections under federal housing laws.