Please note that this is an informational blog. I accept no professional responsibility for this blog, and it is not intended to be a treatise or to cover every aspect of this subject matter. Laws are subject to change. A person with a claim should consult my firm or another attorney about their legal matter. One with a claim must be aware of the statute of limitation whereby a claim will be forever barred based on a missed filing deadline.

As a practicing attorney in Washington State now since 1997, I have worked on a range of personal injury and discrimination-related cases. Such cases are frequently known as torts cases. It is certainly disappointing when a legitimately disabled person is illegally denied access because of the person's use of a service dog or guide dog.

When I think about service dog discrimination cases, I will always remember my late friend and colleague Elizabeth “Lorrie” Elliott. Lorrie practiced heavily in animal law, and she taught an Animal Law class at Seattle University School of Law and the University of Washington law school. I learned a lot from Lorrie when we worked on several service dog discrimination cases together and I appreciated her as a colleague and friend. I will appropriately make this blog in memory and honor of Lorrie.

(1) One Must Pursue a Federal Discrimination Claim for a Service Dog Discrimination Matter in the State of Washington

This is false. One is not required to pursue a federal discrimination claim. In fact, the Washington Law Against Discrimination (WLAD) provides more protections for people with service dogs than federal law. Thus, many attorneys advise service discrimination victims to pursue claims under Washington law rather than federal law.

(2) A Person Must Prove a Severe and Substantial Disability to Lawfully Have a Service Dog Discrimination Claim in the State of Washington

This is false. Under the WLAD, the Washington civil rights statue, disability has a much broader definition than federal law. The WLAD provides that a disability is defined as a sensory, mental, or physical impairment that is medically diagnosable, exists as a record or history, or is perceived to exist. The Washington State definition of disability is broader than the federal Americans with Disabilities Act (ADA) because it does not require a condition to substantially limit a major activity.

(3) To Have a Valid Service Dog in The State of Washington A Person Must Hire a Trainer.

This is false. Under both the ADA and the WLAD individuals with disabilities are fully permitted to train their own service dogs.

(4) Service Dogs Must be officially registered or certified in Washington State

This is false. In Washington State there is no requirement under the federal ADA for a person to certify or register their service dog. Businesses cannot legally require a training certificate for one to enter a business with a service dog.

(5) Service animals in the State of Washington must wear a special vest, harness, or tags.

This is false. Washington State law does not require service animals to wear vests or special identification tags.

(6) Business in Washington State can require proof of a disability before a person with a Service Dog can enter the business.

This is false, but under WLAD public establishments are permitted to asking a person two questions:

(a) Is the animal a service animal required because of a disability?

(b) What work or task has the animal been trained to perform?

A business cannot ask one about their medical history, ask about a person's specific disability, or ask the dog to demonstrate its task.

(7) Landlords can ban service dogs in the State of Washington.

This is false. The Federal Housing Act (FHA) landlords must accommodate service animals as a reasonable accommodation for a disabled person. RCW 49.60.222 makes it an unfair practice to discriminate in a real property transaction based on disability. This included targeting or discrimination against one who has a valid service dog.

(8) Emotional Support Animals (ESAs) have the same public access rights in the State of Washington as dogs.

No. Under the WLAD emotional support animals and therapy dogs are not considered service animals because they are not individually trained to perform specific disability-related tasks. They are only legally protected in housing.

(9) A fear of dogs is a basis to deny one access with a service dog in Washington State.

This is generally false. Under WAC 162-26-135 it is an unfair practice to remove a trained dog guide or service dog from the entire place of public accommodation because the dog guide or service animal presents a risk of injury or harm when inpart of the place of public accommodation. However, a business may be able to deny one access with a service dog if there are reasonably foreseeable factors that can justify risk to person or property.

(10) Dogs are the only legitimate service animals in the State of Washington.

False. Washington State is one of the few states to include miniature horses in the statutory animal definition of WLAD.