South · Service dog laws · West Virginia
Can a restaurant in West Virginia refuse my service dog?
Educational content, not legal advice. For your specific situation, consult a state-licensed attorney.
What the law says
28 C.F.R. § 36.302(c)(1): A public accommodation "shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability." Limited exceptions apply for direct-threat behavior (§ 36.302(c)(2)).
Source: 28 C.F.R. § 36.302(c) (DOJ ADA service-animal regulation) ↗
In plain language
Restaurants are public accommodations under ADA Title III. In West Virginia, a restaurant generally must allow service dogs to accompany their handlers. The narrow exceptions under federal law: a service dog can be excluded if it is not under the handler's control (e.g., aggressive behavior the handler cannot correct) or if it is not housebroken. Allergies and fear of dogs are not valid reasons to deny access. Health-code arguments do not override the ADA. If a restaurant refuses access in West Virginia, the next step is generally a DOJ complaint or consultation with an ADA-experienced attorney.
Read the full West Virginia service dog laws guide
This page covers one question; the full guide walks through the federal floor, state-specific carve-outs, the documentation standard, and the accommodation process.
Service dog laws in West Virginia →