Chapter 3: Non-Discrimination in Business and Services

I. GEORGIA ACCESS LAW

Under the Georgia Accessibility law, persons with disabilities are entitled to full and equal access to government buildings, public buildings, and facilities used by the public.

Facilities are defined as walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public.

Government buildings mean all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed. (OCGA § 30-3-2)

Such persons shall be liable for any damage done to the premises or facilities by such dog. (OCGA § 30-4-2(b)(1))

It is a misdemeanor to interfere with the rights of a totally or partially blind person, physically disabled person, deaf person, or person engaged in training a guide or service dog. The penalty for such interference is a fine of up to $2,000 or term of imprisonment of up to 30 days or both. (OCGA § 30-4-44)

II. INSURANCE

• Blindness Prevention Education

Subject to the availability of donations, the Department of Human Resources shall develop a blindness education, screening, and treatment program to provide blindness prevention education and to provide screening and treatment for residents who do not have adequate coverage for such services under a health benefit plan. (OCGA § 31-1-23(a)(1))

• Additional coverage for individuals with diabetes

Individual major medical and group health insurance policy group, health insurance plan or policy, and any other form of managed or captivated care plans or policies shall provide coverage for medically necessary equipment, supplies, pharmacologic agents, and outpatient self-management training and education, including medical nutrition therapy for individuals with diabetes who follow the treatment regimen proscribed by a licensed physician. (OCGA § 33-24-59.2(a))

III. NONDISCRIMINATION IN LICENSING AND LICENSED SERVICES

• Exemption for licensing fees

Any disabled veteran of any war or armed conflict, blind person, or physically disabled veteran of peace-time service, who is a resident of Georgia, not liable for the payment of state income taxes, and peddles, conducts business, or practices the professions in Georgia is exempt from the payment of state, county, and municpal business or occupation taxes or administrative fees and regulatory fees imposed by local governments so long as such person receives a certificate of exemption issued by the commissioner of veterans service. (OCGA § 43-12-1, City of Marietta v. Brantley, 170 Ga. 258, 152 S.E. 232 (1930))

A disabled veteran of war who qualifies for this exemption:

• has a physical disability to the extent of 10% or more,

• terminated service without dishonorable discharge;

• rendered service during war,

• provides proof of disability from two physicians, U.S. Department of Veterans Affairs, or by written evidence from the branch of the armed forces in which the veteran served (OCGA § 43-12-2(c))

A blind person who qualifies for this exemption must

provide proof of their blindness to the commissioner of veterans service. (OCGA § 43-12-2 (b))

A physically disabled veteran of peace-time service who qualifies for this exemption:

• has a physical disability to the extent of 25% or more incurred in the line of duty,

• provides proof by letter from the U.S. Department of Veteran Affairs or from the branch of the armed forces of the U.S. in which the veteran served

• terminated service under conditions other than dishonorable discharge (O.C.G.A. § 43-12-2 (d))

To obtain a certificate of exemption, you must file the application for the certificate of exemption with the commissioner of veterans service, apply to the judge of the probate court of the county in which you reside for a certificate of eligibility, and make an affidavit before the judge of the probate court that you are not subject to payment of any income taxes to Georgia.

Upon receipt of these documents, the probate court judge shall issue a certificate of eligibility stating that the applicant has furnished the proof required for the issuance of a certificate of exemption required by the commissioner of veterans service. (OCGA § 43-12-3 and 4)

The exemption does not apply to state license taxes or ad valorem taxes. The exemption does not confer a right to exemption from state and local police regulation, including license fees or taxes imposed under police power for regulatory purposes. The certificate of exemption cannot be transferred to any other person. ( Smith v. City of Atlanta , 51 Ga. App. 17, 179 S.E. 558 (1935))

Everyone person exempt from paying license fees under must still obtain license to conduct a business. (OCGA § 43-12-1)

Such persons are entitled to one independent business license exemption; however, interrelated business would come under the exemption. (1948-49 Op. Att'y Gen. P. 309 (rendered under Ga. L. 1935, p. 163))

The commissioner of veteran services can cancel or suspend the certificates of exemption under the following circumstances:

• the holder is physically or financially ineligible to claim the exemption

• the certificate was obtained through fraud or by mistake

• the holder has allowed another to use the exemption

The certificate cannot be revoked or suspended until the holder has been heard either by counsel or pro se before the commissioner of veterans service. (OCGA §43-12-6)

IV. WHEELCHAIR WARRANTY ACT

• Report any nonconformity with warranty within one year.

A manufacturer who sells a motorized wheelchair to a buyer, either directly or through a dealer, shall furnish the buyer with an written warranty for both parts and performance for not less than a year after delivery. If the manufacturer fails to furnish a warranty, the motorized wheelchair shall be covered as if a written warranty had been furnished.

If a new motorized wheelchair requires repair covered by the warranty, the buyer must report the need for repair to the manufacturer, the motorized wheelchair lessor, or any of the manufacturer's authorized motorized wheelchair dealers and make the motorized wheelchair available for repair within one year of the delivery of the motorized wheelchair to the buyer. Any nonconformity shall be repaired at the manufacturer's expense regardless of whether the repairs are made after expiration of the warranty rights period.

• If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall:

(1) Accept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs; or

(2) Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1.825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer; or

(3) Accept return of the motorized wheelchair and refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use as defined above. (See O.C.G.A. 10-1-890 and 10-1-893)