Chapter 4: Access

Access is a critical issue for individuals with disabilities. Lack of access to buildings and other facilities is an obstacle in obtaining employment, education, housing, entertainment, health care and other services. Lack of access to polling places and the voting process denies persons with disabilities the opportunity to participate in one of the most important rights of citizenship. Lack of access to transportation services hinders the ability of persons with disabilities to live independent lives. Lack of access to telecommunications services limits the ability of persons with disabilities to obtain information and has often posed a threat to safety.

I. ACCESS TO BUILDINGS AND FACILITIES

Georgia and federal laws address the goal of increasing physical access and removing architectural barriers. Georgia law requires that publicly funded buildings and facilities and privately funded public accommodations be accessible to persons with disabilities. In 1968, Congress passed the Architectural Barriers Act (ABA) (42 U.S.C. § 4151, et seq.), which marked the beginning of a new federal policy toward individuals with disabilities. The Americans with Disabilities Act (ADA) further expands the right to accessible public buildings and public accommodations under federal law. In the case of the ADA, there is also an affirmative obligation to make access improvements to existing facilities, even though no remodeling has occurred, where it is readily achievable to do so.

A. Gas Stations

If a gas station provides gas at different prices for full service and self service, it must, upon request, allow its employees to dispense the gas at the self-service pump for holders of a special disability permit and allow said holders to pay the self-service price for the gas. (OCGA §10-1-164.1.) The holder of the special disability permit can only request this service if:

• the holder of the permit is driving the vehicle into which the gas is dispensed.

• the holder of the permit is not accompanied by another person 16 years or older who is not mobility impaired or blind. In such cases, the employee shall not be required to provide any other service.

Gas station owners or operators who violate this section are guilty of a misdemeanor and are liable to a civil penalty not to exceed $1,000.00 for each violation.

The Commissioner of Agriculture is authorized to investigate violations, upon the verified complaint of a holder of a special disability permit, and to impose the fine. (OCGA §10-1-165.)