Frequently Asked Questions
****We are not attorneys; the answers we give in this section are based on our knowledge and understanding of the laws, and should not be used as legal proof.****
How wide must a van-accessible parking space be? How wide must the access aisle be for this space?
How long can an accessible ramp be between level resting spots?
Are there special accessibility code requirements in Georgia?
Does the State of Georgia have its own ADA-type accessibility code?
Does a historic building have to be made wheelchair-accessible?
Must really small businesses comply with Title III of the ADA?
Do self-service gas stations have to pump gas for people with mobility impairments?
Link for EEOC Database: http://www.eeoc.gov/contact.html
Who can you call if you run into a violation of the ADA? What if there is no accessible parking at all, or someone refuses to admit a service animal to a restaurant?
The police, state patrol, etc. do not enforce civil rights laws. The ADA is a civil rights law. There is very little you can do at the exact time of the violation other than explaining the law, or giving the violator a copy of a federal booklet explaining the appropriate part of the law. You can contact your state Protection and Advocacy Office, in Georgia, it is the Georgia Advocacy Office 1-800-537-2329. They may be able to explain the law to the violator or write a letter urging compliance with the law. You can always contact the Southeast Disability and Business Technical Assistance Center 1-800 949-4232 for additional ideas for bringing about voluntary compliance. You can call the Exchange at 770-451-2340 for discussion of your options also. All of us can help you decide if you wish to file a complaint with the proper federal enforcement agency. You can get a booklet from us on how to file a complaint and the complaint forms. The Justice Department receives thousands of complaints each year and so they can not respond to all of them. In the case of violation of Title 2 (involving state of local government) or Title 3 (involving a business or non-profit), you can seek an attorney who handles ADA cases and if he or she is wiling to take your case, you can go directly into federal court. There are very few attorneys in Georgia who handle Title 2 or Title 3 cases. The Southeast DBTAC or the Exchange can give you a list of the attorneys who have told us that they handle such cases. You cannot receive punitive damages (money for your trouble) in a Title 3 case; but, if you win, the violator must come into compliance with the ADA and your attorney can get fees for handling the case. Many businesses and governments try to do the right thing as a part of good customer service or because, “it is the law.” But occasionally, even with education and explanations, there is resistance to complying with the ADA. In these cases good advocacy strategies may work as well as legal action.
Does an apartment landlord have to modify an apartment for a renter who develops mobility impairment?
This is an area not covered in the ADA, but in the Fair Housing Amendment. If the apartments were built before 1991, there are no requirements for making the interiors and entrances to the apartments accessible; unless, there are major renovations after ‘91. The landlord must allow the renter to make the interior modifications at the renter’s expense. The landlord may also require the renter to put the apartment back like it was before the retrofitting, when the renter moves out of the apartment. Check out these websites for the requirements for apartments built since ‘91.
Those apartments run by cities or counties are covered by the ADA. They are required to have one out of 25 apartments be fully accessible. Residences that provide social services, recreational programs or meals are also covered under the ADA. Obviously, we could write many pages on this topic. For more information call us or the DBTAC. In Georgia you can call the Commission oven Equal Opportunity in Housing at (404) 656-7708.
How wide must a "standard" ADA disabled parking space be?
How wide must the access aisle be for this space? 8 feet or 96"/ access aisle must be 5 feet or 60" wide unless a universal space is used.
How wide must a van-accessible parking space be? How wide must the access aisle be for this space?
8 feet or 96"/ access aisle must be 8 feet or 96" wide unless a universal space is used.
How long can an accessible ramp be between level resting spots?
30 feet; a 5' or 60" level area must be provided at least every 30 feet horizontal run.
Are there special accessibility code requirements in Georgia?
The accessibility code for Georgia has some differences from the Americans with Disabilities Act accessibility guidelines. This information can be found on the Georgia ADA Coordinator's website: http://www.state.ga.us/gsfic/ada/ . And the Georgia fire marshal is responsible for the enforcement of this code.
Does the State of Georgia have its own ADA-type accessibility code? If so, who/ what state agency is in charge of the program?
Yes; the GA State Insurance Commission & Fire Insurance office.
Does a historic building have to be made wheelchair-accessible?
The ADA states that physical access is required for employers of the facility, state and local government entities and for privately owned places where goods and services are offered to the public.
Do the users of service animals (including seeing-eye dogs) have to carry certification that their dogs have been trained by a credential organization?
No. It is not necessary to provide certification; it is enough to simply say to the person who is asking that your animal is trained to assist you in an area related to your disability.
What is the proper etiquette for using a TTY?
1. Do not interrupt while the other person is talking. Wait for him/her to type "GA" (Go Ahead).
2. Use abbreviations only if they are common ones that everyone knows and understands. Do not make up your own abbreviations that no one else would understand.
3. Don't worry if you spell a word wrong if it is easy to understand what word you meant. If not, you can correct yourself in two ways: Use the backspace key to erase the word and spell it again, or type XXXX after the word and retype it correctly.
4. Don't worry about punctuation like periods, commas, or apostrophes or even exclamation marks. Separate your sentences with several spaces using the space bar.
5. Let the person to whom you are talking know if other people are reading the conversation with you.
6. Never read a TTY conversation over a person's shoulder without being invited or getting approval first.
7. Never try to start a face-to-face conversation with someone who is talking on the TTY. Wait until they are finished or until they break the TTY conversation and give you their attention.
Must really small businesses comply with Title III of the ADA?
Yes. Title III covers privately owned organizations that offer goods or services to the public. A Title III entity can be a private business or a not for profit organization. All Title III entities must be non-discriminating in their service to their customers, provide equally effective communication, and be physically accessible. The first two of these obligations allow for nor excuses, no matter how small, no matter how old the organization. Physical access is a requirement based on the financial resources of the business or agency. New construction must always be in full compliance with the ADA, however the Title III entity is not required to spend more than 20% of total construction costs to achieve physical access.
We are often asked who is responsible for physical access, the landlord or the renter. This should be stated in the lease agreement. If it is not, then both are responsible.
Do self-service gas stations have to pump gas for people with mobility impairments?
Yes, if they have more than one person on staff at the time. They must charge self-service rates for this service.
Can a hotel charge a pet deposit for a service animal?
No, however if a service animal causes damage, the guest can be required to pay for the damage.
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