O.C.G.A.

O.C.G.A. § 30-3-1 (2019)

Purpose and intent of chapter

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable persons with disabilities or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by persons with disabilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public.

History

(Code 1981, § 30-3-1, enacted by Ga. L. 1984, p. 1255, § 1; Ga. L. 1995, p. 1302, § 1.)

Annotations

Cross references. - Selection of polling places so as to allow access to disabled voters, § 21-2-265. Editor’s notes. - Application, Official

Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Rules of Safety Fire Commissioner, § 120-3-20-.02.

JUDICIAL DECISIONS Cited in Hollis & Spann, Inc. v. Hopkins, 301 Ga. App. 29, 686 S.E.2d 817 (2009). RESEARCH REFERENCES Am. Jur. Trials. - Defense of Claim Brought Under the Americans with Disabilities Act, 49 Am. Jur. Trials 171. ALR. - Validity, construction, and application of § 302 of Americans with Disabilities Act (42 U.S.C.S. § 12182), prohibiting discrimination on basis of disability by owners or operators of places of public accommodation, 136 A.L.R. Fed 1. What constitutes federal financial assistance for purposes of § 504 of Rehabilitation Act (29 USCA § 794), which prohibits

any program or activity receiving federal financial assistance from discriminating on basis of disability, 147 A.L.R. Fed. 205. When is individual regarded as having or perceived to have impairment within meaning of Americans with Disabilities Act (42 USCA § 12102(2)(c)), 148 A.L.R. Fed. 305. When does a public entity discriminate against individuals in its provision of services, programs, or activities under the Americans with Disabilities Act, 42 USCA § 12132, 163 A.L.R. Fed. 339.

Web site as ‘‘public accommodation’’ for purposes of federal or state civil rights statutes, 7 A.L.R.7th 1.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1997–2022 · leading case: Anderson v. Turton Dev., Inc., 483 S.E.2d 597 (Ga. Ct. App. 1997).

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Anderson v. Turton Dev., Inc., 483 S.E.2d 597 (Ga. Ct. App. 1997). · cites it 4× “It was his opinion that the ANSI standards were also violated because the color of the ramp, and the width and depth of the curb and flares, failed to give sufficient warning of any change in the elevation of the surface. The inn, constructed in 1990, was required to comply with…”

Val D'Aosta Co. v. Cross, 526 S.E.2d 580 (Ga. Ct. App. 1999). · cites it 8× “This is because OCGA § 30-3-8, with criminal sanctions for non-compliance, mandated compliance with any regulation promulgated under OCGA § 30-3-1 et seq. by the owner/occupier and required specific knowledge of the condition of the ramp and its compliance or non-compliance by…”

Davis v. GBR Props., Inc., 504 S.E.2d 204 (Ga. Ct. App. 1998). · cites it 4× “The legal significance under OCGA § 51-3-1 of the Georgia Access To & Use of *208 Public Facilities By Persons With Disabilities Act, OCGA § 30-3-1 et seq., which mandates compliance with the American National Standards Institute standards [1] or possibly The Rehabilitation Act…”

Paul N. Smith & Bernice Smith v. Wal-Mart Stores, Inc., 167 F.3d 286 (6th Cir. 1999). “Ga.Code Ann. § 30-3-1. Violation of the statute or regulations is a misdemeanor.”

Hollis & Spann, Inc. v. Hopkins, 686 S.E.2d 817 (Ga. Ct. App. 2009). · cites it 4× “Significantly, the hotel’s handicap access ramp was intended to provide accessibility and safe traverse for disabled or elderly persons in accordance with OCGA § 30-3-1 et seq. 3 Because Hopkins was elderly, she was a member of the class who the accessibility regulations were…”

Anthony Gilchrist v. Meldi Sub, LLC (Ga. Ct. App. 2022). · cites it 4× “Citing evidence that this “lip” violated certain standards of the American National Standards Institute and noting that these standards were enacted to comply with the ADA and its Georgia counterpart, OCGA § 30-3-1 et seq., the Court held that Val D’Aosta had superior knowledge…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.