Public Accommodation Disability Access Request - Georgia

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND — GEORGIA

HEADER

I. INTRODUCTION AND LEGAL BASIS

This letter is a formal request and demand that [BUSINESS NAME] ("you" or "the Establishment") remedy disability-access violations at the place of public accommodation located at [ADDRESS].

The Establishment is a "place of public accommodation" under 42 U.S.C. § 12181(7) and a place "to which the general public is invited" under O.C.G.A. § 30-4-2(a), specifically a [IDENTIFY CATEGORY — e.g., restaurant, hotel/lodging, retail/sales establishment, service establishment, place of exhibition or entertainment, place of recreation, professional office of a health care provider].

The following laws apply:

• Georgia law. O.C.G.A. § 30-4-2 entitles persons who are blind, visually disabled, physically disabled, or deaf to "full and equal accommodations, advantages, facilities, and privileges" at places of public accommodation, and guarantees the right to be accompanied by a guide dog or service dog without extra charge. Denial of or interference with these rights is a misdemeanor of a high and aggravated nature under O.C.G.A. § 30-4-4, punishable by a fine up to $2,000.00, imprisonment up to 30 days, or both. Newly constructed and altered facilities must comply with Georgia's accessibility standards (O.C.G.A. § 30-3-1 et seq.; Ga. Comp. R. & Regs. Ch. 120-3-20, adopting the 2010 ADA Standards for Accessible Design).
• Federal law. Under ADA Title III, 42 U.S.C. § 12182(a), no individual may be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. DOJ regulations appear at 28 C.F.R. Part 36.

II. THE REQUESTER AND THE DISABILITY

The requester, [NAME] ("Requester"), is an individual with a disability within the meaning of 42 U.S.C. § 12102 and O.C.G.A. § 30-4-1.

Nature of the disability and resulting functional limitation:

☐ Mobility disability (uses [wheelchair / scooter / walker / cane / other])
☐ Visual disability / blindness (uses [white cane / guide dog / screen reader / other])
☐ Deaf or hard of hearing (uses [ASL / lip reading / assistive listening / captioning])
☐ Speech disability
☐ Other disability: [DESCRIBE FUNCTIONAL LIMITATION]

The Requester [is a customer/client/patron of / sought to use the goods or services of] the Establishment and intends to return.

III. THE PUBLIC ACCOMMODATION AND THE BARRIER / DENIAL

On or about [__/__/____], the Requester encountered the following barrier(s) or denial(s) at the Establishment:

Additional facts (witnesses, photographs, measurements, names of staff involved):

• [SPECIFIC FACT 1]
• [SPECIFIC FACT 2]
• [SPECIFIC FACT 3]

IV. THE SPECIFIC ACCESS REQUESTED

The Requester requests that the Establishment provide the following specific access / accommodation:

1. [SPECIFIC ACTION — e.g., install an ADA-compliant ramp at the main entrance]
2. [SPECIFIC ACTION — e.g., designate and properly mark accessible parking per the 2010 ADA Standards]
3. [SPECIFIC ACTION — e.g., admit and serve the Requester accompanied by the service dog at no extra charge]
4. [SPECIFIC ACTION — e.g., provide [auxiliary aid] for effective communication]
5. [SPECIFIC ACTION — e.g., modify the [policy/practice] to allow equal access]
6. Adopt a written disability-access policy and train staff on Georgia and ADA obligations.

V. LEGAL OBLIGATIONS

Georgia. O.C.G.A. § 30-4-2 entitles the Requester to full and equal access, including service-animal access without extra charge. Denial or interference is a criminal offense under O.C.G.A. § 30-4-4. New construction and alterations must meet the state accessibility standards in O.C.G.A. § 30-3 et seq. and Ga. Comp. R. & Regs. Ch. 120-3-20.

ADA Title III (42 U.S.C. § 12182(b)(2)(A)). The Establishment must:

• Remove architectural barriers in existing facilities where removal is readily achievable — easily accomplishable without much difficulty or expense (§ 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304);
• Make reasonable modifications to policies, practices, or procedures unless doing so would fundamentally alter the goods or services (§ 12182(b)(2)(A)(ii));
• Provide auxiliary aids and services necessary for effective communication unless doing so would fundamentally alter the service or impose an undue burden (§ 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303);
• Not use eligibility criteria that screen out or tend to screen out persons with disabilities (§ 12182(b)(2)(A)(i));
• Permit access by service animals (28 C.F.R. § 36.302(c)).

VI. DEMAND AND RESPONSE DEADLINE

The Requester demands that the Establishment confirm in writing, within [30] days of receipt of this letter (by no later than [__/__/____]), its agreement to provide the access requested in Section IV and a reasonable timeline for completion.

Please direct your written response to: [NAME / COUNSEL], [ADDRESS / EMAIL].

VII. ESCALATION AND RESERVATION OF RIGHTS

If the Establishment does not adequately respond by the deadline, the Requester reserves the right to pursue all available remedies, including:

• Federal civil action under ADA Title III, 42 U.S.C. § 12188, seeking injunctive relief requiring barrier removal and compliance, plus reasonable attorney's fees, litigation expenses, and costs under 42 U.S.C. § 12205. (Private plaintiffs under Title III recover injunctive relief and fees, not compensatory damages.)
• Administrative complaint to the U.S. Department of Justice, Civil Rights Division, Disability Rights Section (ADA.gov), which may seek injunctive relief and civil penalties (up to $75,000 for a first violation / $150,000 for subsequent violations, as adjusted).
• Referral for criminal enforcement under O.C.G.A. § 30-4-4 (misdemeanor of a high and aggravated nature; fine up to $2,000.00 and/or up to 30 days' imprisonment).
• Any other relief available under Georgia or federal law.

The Requester does not waive, and expressly reserves, all rights and remedies. This letter is a good-faith effort to resolve the matter without litigation.

SIGNATURE BLOCK

Respectfully,

[____________________]

[NAME], [Requester / Attorney for Requester]

[Georgia Bar No. ______ (if attorney)]

[FIRM NAME (if applicable)]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

Date: [__/__/____]

GEORGIA PRACTICE NOTES

• State statute and agency. Georgia's public-accommodation disability statute is O.C.G.A. § 30-4-2 (Title 30, "Handicapped Persons"). Georgia has no general state civil-rights agency that adjudicates private public-accommodation disability complaints; the state remedy under O.C.G.A. § 30-4-4 is criminal (a misdemeanor of a high and aggravated nature — fine up to $2,000.00, up to 30 days' imprisonment, or both), enforced through local law enforcement / the solicitor or district attorney.
• Admin vs. court route. Because the state statute is criminal in nature and lacks a clear private civil-damages right, civil access enforcement runs principally through the federal ADA Title III (private suit in U.S. District Court for injunctive relief + attorney's fees, or a DOJ administrative complaint). The State ADA Coordinator's Office (ada.georgia.gov) addresses state/local government (Title II) access, not private Title III claims.
• State statutory damages. None under Title 30 for private plaintiffs. Georgia is an ADA-primary jurisdiction for monetary leverage; the practical recovery is injunctive relief plus attorney's fees under 42 U.S.C. § 12205. Flag this expectation with the client at the outset.
• Accessibility standards. New construction and alterations must comply with Georgia's accessibility rules (O.C.G.A. § 30-3-1 et seq.; Ga. Comp. R. & Regs. Ch. 120-3-20), which adopt the 2010 ADA Standards for Accessible Design for construction commenced on or after March 15, 2012.
• Service animals. O.C.G.A. § 30-4-2(b) guarantees guide/service-dog access without extra charge (the patron remains liable for damage caused by the dog). This parallels 28 C.F.R. § 36.302(c).
• Standing (ADA). A private ADA plaintiff must show a real and immediate threat of future injury (intent to return or deterrent effect). Document the Requester's connection to and intent to return to the Establishment.
• Unsettled point. Whether O.C.G.A. § 30-4 supports any implied private civil action is not well developed; do not rely on a state damages theory without current Georgia case research.

SOURCES AND REFERENCES

• O.C.G.A. § 30-4-2 (right to equal public accommodations) — https://law.justia.com/codes/georgia/title-30/chapter-4/section-30-4-2/
• O.C.G.A. § 30-4-4 (denial/interference; penalty) — https://law.justia.com/codes/georgia/title-30/chapter-4/section-30-4-4/
• Ga. Comp. R. & Regs. Ch. 120-3-20 (access to public facilities; 2010 ADA Standards) — https://ada.georgia.gov/
• 42 U.S.C. § 12182 (ADA Title III) — https://www.ada.gov/
• 42 U.S.C. § 12188 (enforcement); § 12205 (attorney's fees)
• 28 C.F.R. Part 36 (DOJ Title III regulations); § 36.302(c) (service animals); § 36.303 (auxiliary aids); § 36.304 (barrier removal)
• DOJ ADA complaint portal — https://www.ada.gov/file-a-complaint/
• PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001) (reasonable modification in public accommodation)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Georgia must review and customize this document before use. Verify all statutory citations and current law before relying on this template.