Current through Register Vol. XLI, No. 24, June 14, 2024
Section 77-1-7 - Public Accommodations7.1. These regulations apply to any owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodations as defined by W.Va. Code '5-11-2(j).7.2. It shall be unlawful to refuse, withhold from, or deny, either directly or indirectly, to any individual because of disability, any of the accommodations, advantages, facilities, privileges, or services to qualified individuals with disabilities, the privileges of such place of public accommodation.7.3. It shall be unlawful to publish, circulate, issue, display, post, or mail, either directly or indirectly, any written or printed communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, privileges, or services of any such place shall be refused, withheld from, or denied to any individual on account of disability, or that the patronage or custom threat of any individual with a disability is unwelcome, objectionable, not acceptable, undesired, or not solicited. However, any person may advertise that a place of public accommodation is barrier free or otherwise accessible to individuals with disabilities.7.4. It is unlawful to discriminate against an individual with a disability in the price, terms, or conditions upon which access to the accommodations, advantages, facilities, services, or privileges of any public accommodation may depend.7.5. Individuals with disabilities have the right to be accompanied by a guide animal in any place of public accommodation.7.6. Individuals with disabilities have the right to be accompanied by an attendant in any place of public accommodation.7.7. It shall be unlawful to refuse to make reasonable accommodations necessary to make any public accommodation accessible to and functional for individuals with disabilities. In determining whether an accommodation is reasonable, the Commission shall consider:7.7.1. The nature and size of the public accommodation;7.7.2. The nature and cost of the accommodation needed;7.7.3. Whether or not the public accommodation is owned, operated, funded, or used, by an agency of government; and7.7.4. The requirements of the West Virginia Law on Handicapped Persons and Public Buildings and Facilities, W.Va. Code '18-l0F-1 et seq. Any changes or alterations required due to the failure of the owner, managing agent of the owner (or his lessee or predecessor in title) to conform to the requirements of said statute will be considered per se reasonable.