Service Dogs in Training Laws in Virginia
Overview

Virginia law provides public access protections for service dogs in training (SDITs), allowing trainers and individuals with disabilities to bring dogs in training into many public places throughout the state.

Unlike federal law under the Americans with Disabilities Act (ADA), which does not specifically grant public access rights to service animals in training, Virginia law expressly recognizes service animals in training under state statute.

Legal Foundation

Virginia’s service animal and SDIT laws are primarily found in:

• Virginia Code § 51.5-44

• Virginia Code § 51.5-45

• Virginia Code § 51.5-46

• Virginia Human Rights Act and related disability-access laws

These laws protect individuals with disabilities and service animal trainers from discrimination in public accommodations and other covered settings.

Service Dogs in Training Under Virginia Law

Virginia law specifically recognizes:

• Service animals, and

• Service animals in training

under state disability-access laws.

Under Virginia Code § 51.5-44:

A person accompanied by a dog that is in training as a guide or service dog shall have the same rights and privileges as a person with a disability accompanied by a trained guide or service dog.

Virginia allows:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Persons legitimately engaged in service animal training

to bring SDITs into public places for training purposes.

Public Access Rights

Service dogs in training may generally accompany handlers and trainers into places open to the public, including:

• Restaurants and food establishments

• Retail stores and shopping centers

• Hotels and lodging

• Public transportation

• Government buildings

• Hospitals and medical offices

• Educational institutions

• Most places open to the general public

Virginia law grants SDITs substantially similar public access rights as fully trained service animals.

Additionally:

• Businesses may not charge extra fees or deposits because of a service dog or service dog in training.

• SDITs generally must be permitted anywhere members of the public are allowed to go.

Requirements for Service Dogs in Training

Virginia generally requires service dogs in training to be:

• Under the handler’s control

• Properly behaved in public

• Housebroken

• Non-disruptive and safe

Service animals and SDITs are generally expected to be:

• Harnessed, leashed, or tethered unless doing so interferes with the dog’s work or training.

Virginia does not generally require:

• State certification

• Registration

• Identification cards

• Special vests or patches

Businesses generally may not require proof of certification or documentation.

Who Can Train a Service Dog

Virginia law protects:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Persons engaged in legitimate service animal training activities

The statutes do not impose universal statewide licensing or certification requirements for service dog trainers.

Handler Responsibilities

The handler or trainer is responsible for:

• Maintaining control of the dog

• Preventing disruptive or dangerous behavior

• Ensuring the dog is housebroken

• Paying for damage caused by the dog

A business may require removal of the dog if:

• The dog is out of control and the handler fails to take corrective action

• The dog poses a direct threat to health or safety

• The dog is not housebroken

Even if a dog is removed, the business generally must still provide the individual an opportunity to obtain goods or services without the animal present.

What Businesses Can and Cannot Do

Businesses MAY:

• Ask whether the dog is a service animal required because of a disability

• Ask what work or task the dog has been trained — or is being trained — to perform

Businesses MAY NOT:

• Require certification or registration

• Demand proof of disability

• Require the dog to demonstrate tasks

• Charge additional fees or deposits

• Deny access solely because the dog is still in training under Virginia law

Misrepresentation and Interference

Virginia law prohibits:

• Fraudulently misrepresenting a pet as a service animal

• Interfering with, injuring, or denying access rights involving service animals or SDITs

Under Virginia Code § 51.5-44 and related statutes:

• Interfering with the rights of a person using or training a service animal may result in civil penalties and liability for damages.

Violations may result in:

• Civil penalties

• Monetary damages

• Criminal penalties in some circumstances

Virginia law also protects handlers and trainers from intentional harassment or obstruction involving service animals.

Federal vs. Virginia Law

ADA (federal law):

• Does not specifically grant public access rights to service dogs in training

Virginia law:

• Expressly recognizes service animals in training and grants public access protections under state statute

Because Virginia law provides broader protections in this area, those state protections generally apply within Virginia.

Summary

• Virginia allows service dogs in training in many public places

• Trainers and individuals with disabilities are both protected

• SDITs must remain under control and behave appropriately

• Virginia generally does not require certification or identification for SDITs

• Businesses cannot charge extra fees or deny access solely because a dog is in training

• Fraudulent representation and interference may result in civil or criminal penalties

Sources

Virginia Code § 51.5-44 through § 51.5-46:
https://law.lis.virginia.gov/vacode

Virginia Human Rights Act:
https://law.lis.virginia.gov

Virginia General Assembly:
https://virginiageneralassembly.gov

Virginia Office for Protection and Advocacy:
https://www.vopa.virginia.gov

Animal Legal & Historical Center – Virginia Assistance Animal Laws:
https://www.animallaw.info

Disclaimer

This content is provided for informational and educational purposes only and does not constitute legal advice. Laws and regulations may change, and their application can vary depending on specific circumstances. For the most current and accurate information, consult official Virginia statutes or a qualified attorney.

Service Dogs in Training Laws in the State of Virginia are Recognized!