2006 Code of Virginia § 51.5-44 - Rights of persons with disabilities in public places and places of public accommodation

51.5-44. Rights of persons with disabilities in public places and places ofpublic accommodation.

A. A person with a disability has the same rights as other persons to thefull and free use of the streets, highways, sidewalks, walkways, publicbuildings, public facilities, and other public places.

B. A person with a disability is entitled to full and equal accommodations,advantages, facilities, and privileges of all common carriers, airplanes,motor vehicles, railroad trains, motor buses, streetcars, subways, boats orany other public conveyances or modes of transportation, restaurants, hotels,lodging places, places of public accommodation, amusement or resort, andother places to which the general public is invited subject only to theconditions and limitations established by law and applicable alike to allpersons.

C. Each town, city or county, individually or through transportation districtcommissions, shall ensure that persons with disabilities have access to thepublic transportation within its jurisdiction by either (i) use of the sametransportation facilities or carriers available to the general public or (ii)provision of paratransit or special transportation services for persons withdisabilities or (iii) both. All persons with disabilities in thejurisdiction's service area who, by reason of their disabilities, are unableto use the service for the general public shall be eligible to use suchparatransit or special transportation service. No fee that exceeds the feecharged to the general public shall be charged a person with a disability forthe use of the same transportation facilities or carriers available to thegeneral public. Paratransit or special transportation service for personswith disabilities may charge fees to such persons comparable to the feescharged to the general public for similar service in the jurisdiction servicearea, taking into account especially the type, length and time of trip. Anyvariance between special service and regular service fares shall bejustifiable in terms of actual differences between the two kinds of serviceprovided.

D. Nothing in this title shall be construed to require retrofitting of anypublic transit equipment or to require the retrofitting, renovation, oralteration of buildings or places to a degree more stringent than thatrequired by the applicable building code in effect at the time the buildingpermit for such building or place is issued.

E. Every totally or partially blind person shall have the right to beaccompanied by a dog, in harness, trained as a guide dog, every deaf orhearing-impaired person shall have the right to be accompanied by a dogtrained as a hearing dog on a blaze orange leash, and every mobility-impairedperson shall have the right to be accompanied by a dog, in a harness orbackpack, trained as a service dog in any of the places listed in subsectionB without being required to pay an extra charge for the dog; provided that heshall be liable for any damage done to the premises or facilities by suchdog. The provisions of this section shall apply to persons accompanied by adog that is in training, at least six months of age, and is (i) in harness,provided such person is an experienced trainer of guide dogs; (ii) on a blazeorange leash, provided such person is an experienced trainer of hearing dogs;(iii) in a harness or backpack, provided such person is an experiencedtrainer of service dogs; or (iv) wearing a jacket identifying the recognizedguide, hearing or service dog organization, provided such person is anexperienced trainer of the organization identified on the jacket.

As used in this chapter, "hearing dog" means a dog trained to alert itsowner by touch to sounds of danger and sounds to which the owner shouldrespond.

As used in this chapter, "service dog" means a dog trained to accompany itsowner for the purpose of carrying items, retrieving objects, pulling awheelchair or other such activities of service or support.

As used in this chapter, "mobility-impaired person" means any person whohas completed training to use a dog for service or support because he isunable to move about without the aid of crutches, a wheelchair or any otherform of support or because of limited functional ability to ambulate, climb,descend, sit, rise or perform any related function.

(Code 1950, 63.1-171.2; 1972, c. 156; 1979, c. 207; 1985, c. 421, 51.01-44; 1987, c. 500; 1989, c. 326; 1994, c. 108; 2001, c. 443.)