[Nfbwv-talk] Dog Guide Laws in WV Dog Guide Laws in WV

Tue Apr 21 14:05:34 UTC 2015

Thank you, Charlene.  I will keep this information handy on my computer.  If
I knew the name of the restaurant, I would make sure to boycott it on my
frequent visits to Charleston/Huntington.  I usually stop somewhere in the
Parkersburg/Ripley area for refreshments or a quick meal.  I would ask my
friends and relatives to do the same.

Regards, 

Jack

-----Original Message-----
From: Nfbwv-talk [mailto:nfbwv-talk-bounces at nfbnet.org] On Behalf Of Smyth,
Charlene R via Nfbwv-talk
Sent: Monday, April 20, 2015 10:44 AM
To: NFB of West Virginia Discussion List (nfbwv-talk at nfbnet.org)
Subject: [Nfbwv-talk] Dog Guide Laws in WV Dog Guide Laws in WV

Greetings Fellow Federationists,

I recently received a call regarding a business not admitting a person with
a dog guide in the Parkersburg area.  I went online and obtained this
information which I am going to share with the person who owns the place of
business that refused service as well as the person who witnessed the
incident who called to inform me of it.  I thought some of you might find
the information helpful as well.  It is both attached as a Word document and
shown below as follows:

WV - Assistance Animal - Assistance Animal/Guide Dog Laws

Full Statute Name: Consolidated Assistance Animal/Guide Dog Laws

Popular Title: White Cane Law Primary Citation: W. Va. Code, § 5-15-1 to 8;

19-20-2 Country of Origin: United States Last Checked: October, 2014

Alternate

Citation: WV ST § 5-15-1 to 8; WV ST § 19-20-2

Summary:  The following statutes comprise the state's relevant assistance
animal and guide dog laws.

Statute Text:

West's Annotated Code of West Virginia. Chapter 19. Agriculture.

Article 20. Dogs and Cats.

§ 19-20-2. Collection of head tax on dogs; duties of assessor and sheriff;
registration of dogs; disposition of head tax; taxes on dogs not collected
by assessor. (Provides that no head tax is collected on guide, leader,
listener or support dog).

West's Annotated Code of West Virginia. Chapter 5. General Powers and
Authority of the Governor, Secretary of State and Attorney General; Board of
Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc.

Article 15.

White Cane Law

§ 5-15-1. Short title

§ 5-15-2. Policy

§ 5-15-3. Definitions

§ 5-15-4. Equal right to use public facilities; service animals and trainers

§ 5-15-5. Standard of care to be exercised by and with respect to persons
who are blind or who have a disability

§ 5-15-6. Annual proclamation of white cane day

§ 5-15-7. Policy of the state on employment of persons who are blind or
persons with disabilities

§ 5-15-8. Interference with rights hereunder; penalties

§ 5-15-1. Short title

This article shall be known as the "White Cane Law."

Acts 1969, c. 150.

§ 5-15-2. Policy

It is the policy of this state to encourage and enable persons who are blind
or otherwise visually impaired or who have a disability to participate fully
in the social and economic life of the state and to engage in remunerative
employment.

CREDIT(S)

Acts 1969, c. 150; Acts 2002, c. 323, eff. 90 days after March 9, 2002.

§ 5-15-3. Definitions

For the purpose of this article:

(a) A "person who is blind" means a person whose central visual acuity does
not exceed twenty/two hundred in the better eye with correcting lenses, or
whose visual acuity is greater than twenty/two hundred but is occasioned by
a limitation in the fields of vision such that the widest diameter of the
visual field subtends an angle no greater than twenty degrees.

(b) A "person with a disability" means any person who has a physical or
mental impairment that substantially limits one or more of the major life
activities of the individual; who has a record of such an impairment or who
is regarded as having such an impairment.

(c) A "service animal" means any guide dog, signal dog or other animal
individually trained to do work or perform tasks for the benefit of an
individual with a disability, including, but not limited to, guiding
individuals with impaired vision, alerting individuals with impaired hearing
to intruders or sounds, providing minimal protection or rescue work, pulling
a wheelchair or fetching dropped items.

CREDIT(S)

Acts 1969, c. 150; Acts 2002, c. 323, eff. 90 days after March 9, 2002.

§ 5-15-4. Equal right to use public facilities; service animals and trainers

(a) A person who is blind or is a person with a disability shall have the
same rights as other persons to the full and free use of the highways,
roads, streets, sidewalks, walkways, public buildings, public facilities and
other public places.

b) Any person who is blind and any 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, boats or any other public conveyances or modes of
transportation, hotels, lodging places, restaurants, professional offices
for health or legal services, hospitals, other places of public
accommodation, amusement or resort, and other places, including places of
employment, to which the general public is invited, subject only to the
conditions and limitations established by law and applicable alike to all
persons.

(c) Every person who is blind, every person with a hearing impairment and
every person with a disability shall have the right to be accompanied by a
service animal in any of the places, accommodations or conveyances specified
in subsection (b) of this section without being required to pay an extra
charge for the admission of the service animal. The person who is blind,
deaf or has a disability shall be liable for any damage done by the service
animal to the premises or facilities or to persons using such premises or
facilities: Provided, That the person who is blind, deaf or has a disability
shall not be liable for any damage done by the service animal to any person
or the property of a person who has contributed to or caused the service
animal's behavior by inciting or provoking such behavior. A service animal
shall not occupy a seat in any public conveyance and shall be upon a leash
while using the facilities of a common carrier.

(d) The rights, privileges and responsibilities provided by this section
also apply to any person who is certified as a trainer of a service animal
while he or she is engaged in the training.

(e) A service animal as defined by section three of this article is not
required to be licensed or certified by a state or local government, nor
shall there be any requirement for the specific signage or labeling of a
service animal.

CREDIT(S)

Acts 1969, c. 150; Acts 1982, c. 131; Acts 1984, c. 24; Acts 1994, c. 12;
Acts 2002, c. 323, eff. 90 days after March 9, 2002.

§ 5-15-5. Standard of care to be exercised by and with respect to persons
who are blind or who have a disability

(a) A person who is blind or who has a disability shall exercise that degree
of care for his or her own safety in any of the places, accommodations or
conveyances specified in section four of this article which an ordinarily
prudent person would exercise under similar circumstances.

(b) The driver of a vehicle approaching a pedestrian who is blind or who has
a disability and who knows, or in the exercise of reasonable care should
know, that the pedestrian is blind because the pedestrian is carrying a cane
predominantly white or metallic in color, with or without a red tip, or is
using a service animal or otherwise, shall exercise care commensurate with
the situation to avoid injuring the pedestrian or the service animal.

CREDIT(S)

Acts 1969, c. 150; Acts 2002, c. 323, eff. 90 days after March 9, 2002.

§ 5-15-6. Annual proclamation of white cane day

Each year the governor shall take suitable public notice of the fifteenth
day of October as white cane day. The governor shall issue a proclamation
that:

(a)                Comments upon the significance of the white cane;

(b) Calls upon the citizens of the state to observe the provisions of the
white cane law and to take precautions necessary for the safety of persons
who are blind;

(c) Reminds the citizens of the state of the policies with respect to
persons who are blind herein declared and urges the citizens to cooperate in
giving effect to them;

(d) Emphasizes the need of the citizens to be aware of the presence of
persons who are blind or visually impaired in the community and to keep safe
for persons who are blind or visually impaired the highways, roads, streets,
sidewalks, walkways, public buildings, public facilities, other public
places, places of public accommodation, amusement and resort and other
places to which the public is invited, and to offer assistance to persons
who are blind upon appropriate occasions.

CREDIT(S)

Acts 1969, c. 150; Acts 2002, c. 323, eff. 90 days after March 9, 2002.

§ 5-15-7. Policy of the state on employment of persons who are blind or
persons with disabilities

It is the policy of this state that persons who are blind or visually
impaired and persons with disabilities shall be employed in the state
service, the service of the political subdivisions of the state, in the
public schools and in all other employment supported, in whole or in part,
by public funds on the same terms and conditions as any other person, unless
it is shown that the blindness or disability prevents the performance of the
work involved.

CREDIT(S)

Acts 1969, c. 150; Acts 2002, c. 323, eff. 90 days after March 9, 2002.

§ 5-15-8. Interference with rights hereunder; penalties

Any person, firm or corporation, or the agent of any person, firm or
corporation, who denies or interferes with admittance to or enjoyment of the
places, accommodations or conveyances specified in section four of this
article or otherwise interferes with the rights of a person who is blind or
visually impaired or a person with a disability under the provisions of this
article shall be guilty of a misdemeanor and, upon conviction thereof, shall
be fined an amount not to exceed fifty dollars.

CREDIT(S)

Acts 1969, c. 150; Acts 2002, c. 323, eff. 90 days after March 9, 2002.

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