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.****
1.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 call the DRG at 770-451-2340 for discussion of your options. We 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 willing 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 ADA or the DRG 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 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 compliance with the ADA. In these cases, good advocacy strategies may work as well as legal action.
2. 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 since ‘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.
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 Southeast
ADA. In
Georgia you can call the Fair Housing Division
at (404) 656-7708.
3. 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.
4. 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: www.ada.georgia.gov The Georgia fire marshal is responsible for the enforcement of this code.
5. 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 Finance and Investment Commission & and the State Fire Marshalls office.
6. 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.
7. Do the users of service animals (including seeing-eye dogs) have to carry certification that their dogs have been trained by a credentialed organization?
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.
8. 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. Businesses must comply with the first two no matter how small. 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.
9. 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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