Understanding Service Animal Laws: What Businesses and Service Animal Owners Need to Know
I. Understanding Federal and Virginia Law
Service animals play an essential role in helping individuals with disabilities live independently and participate fully in public life. Both federal and Virginia law protect the rights of individuals who use trained service animals while also establishing responsibilities for businesses and service animal handlers. These protections apply to a wide range of public accommodations, including hotels, restaurants, retail stores, theaters, stadiums, and other places open to the public.
Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog that has been individually trained to perform work or specific tasks for the benefit of an individual with a disability. Service animals are not pets.
Virginia law recognizes guide dogs for individuals who are blind or visually impaired, hearing dogs for individuals who are deaf or hard of hearing, and service dogs assisting individuals with mobility or other disabilities. Additionally, Virginia makes it a Class 4 misdemeanor to knowingly misrepresent a dog as a service animal to gain public access.
Dustin DeVore, Kaufman & Canoles, P.C.
II. Business Owner Rights and Responsibilities
Business owners must provide equal access to individuals accompanied by legitimate service animals. They may not charge additional fees because a customer is accompanied by a service dog, nor may they require documentation proving the animal's status.
When the need for a service animal is not obvious, employees may ask only two questions: (1) Is the dog required because of a disability? and (2) What work or task has the dog been trained to perform? Staff may not ask about the person's disability, request medical documentation, or demand that the dog demonstrate its trained task.
A service animal may be excluded if it poses a direct threat to the health or safety of others or if its behavior is sufficiently disruptive to normal business operations. However, any decision to remove a service animal should be based on the animal's behavior—not assumptions or stereotypes about that animal.
III. Service Animal Owner Rights and Responsibilities
Individuals with disabilities have the right to be accompanied by their trained service animals in public accommodations covered by federal and Virginia law. These protections ensure that service animal handlers have equal access to businesses, services, and facilities without discrimination.
Service animal handlers are responsible for maintaining control of their service animal and for paying for any damage the animal causes, provided the business would charge any other customer for similar damage. Service animals should behave appropriately in public settings so they do not create safety concerns or significant disruptions.
It is also important to understand that emotional support animals are NOT considered service animals under the ADA and are not afforded the same public access rights. Recognizing the distinction between service animals and emotional support animals helps businesses apply the law fairly while protecting the rights of individuals with disabilities.
Understanding these legal rights and responsibilities promotes accessibility, reduces misunderstandings, and helps create welcoming environments for everyone.
Copyright © 2026 Kaufman & Canoles, P.C. The information contained in this article is intended for general informational purposes only and should not be construed or relied upon as legal advice or a legal opinion on any specific facts or circumstances. Because laws and legal interpretations change over time, readers should consult qualified legal counsel before acting on any information contained herein.