Public Accommodation Disability Access Request - Alaska

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — ALASKA

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I. Introduction and Legal Basis

This letter is a formal request and demand that [BUSINESS / PUBLIC ACCOMMODATION] provide equal access to its goods, services, facilities, advantages, and privileges for persons with disabilities, as required by Alaska and federal law.

• Alaska law. Under Alaska Stat. § 18.80.230, it is unlawful for the owner, lessee, manager, agent, or employee of a public accommodation to "refuse, withhold from, or deny to a person any of its services, goods, facilities, advantages, or privileges because of … physical or mental disability." The purpose of the Alaska Human Rights Law is to eliminate discrimination in places of public accommodation and to "encourage and enable physically and mentally disabled persons to participate fully in the social and economic life of the state" (AS 18.80.200), and the right to public accommodations without discrimination is declared a civil right (AS 18.80.210).
• Federal law. ADA Title III, 42 U.S.C. § 12182(a), prohibits discrimination on the basis of disability in the full and equal enjoyment of any place of public accommodation, and supplies the affirmative duties of readily-achievable barrier removal, reasonable modification, and auxiliary aids (28 C.F.R. Part 36; 2010 ADA Standards for Accessible Design).

This establishment is a "public accommodation" under AS 18.80.230 and 42 U.S.C. § 12181(7).

II. The Requester and the Disability

The requester is a person with a physical or mental disability protected under AS 18.80.230 and 42 U.S.C. § 12102. The nature of the disability and resulting limitation is:

☐ Mobility disability (uses [wheelchair / scooter / walker / cane / other])
☐ Visual disability (blind / low vision)
☐ Hearing disability (deaf / hard of hearing)
☐ Speech disability
☐ Disability requiring a service animal
☐ Other disability: [____]

Functional limitation relevant to access: [____]

III. The Public Accommodation and the Barrier / Denial

On or about [__/__/____], the requester [visited / attempted to use / contacted] [FACILITY] at [ADDRESS], which operates as a [restaurant / hotel / retail store / medical office / theater / other category], and encountered the following barrier(s) to access:

Additional detail: [____]

IV. The Specific Access Requested

The requester demands the following specific corrective action(s):

1. [SPECIFIC MODIFICATION / BARRIER REMOVAL] [____]
2. [PROVIDE AUXILIARY AID] [____]
3. [POLICY MODIFICATION — e.g., admit service animal] [____]
4. Adopt a written accessibility policy and train staff. [____]

V. Legal Obligations

Under Alaska and federal law, this establishment must:

• Not refuse, withhold, or deny its services, goods, facilities, advantages, or privileges because of disability (AS 18.80.230).
• Remove architectural barriers in existing facilities where removal is "readily achievable," and otherwise provide access through readily achievable alternative methods (42 U.S.C. § 12182(b)(2)(A)(iv)-(v); 28 C.F.R. § 36.304).
• Make reasonable modifications to policies, practices, and procedures unless doing so would fundamentally alter the nature of the goods or services (42 U.S.C. § 12182(b)(2)(A)(ii)).
• Provide auxiliary aids and services to ensure effective communication unless an undue burden results (42 U.S.C. § 12182(b)(2)(A)(iii)).

VI. Demand and Response Deadline

The requester demands written confirmation of corrective action, or a good-faith plan and timeline to achieve it, within [30/45/60] days of receipt of this letter, by [__/__/____].

VII. Escalation and Reservation of Rights

If the establishment fails to provide the requested access by the deadline, the requester reserves the right to pursue all available remedies, including:

• Administrative complaint to the Alaska State Commission for Human Rights (ASCHR) under AS 18.80.100. After a finding of a discriminatory practice, the Commission may order the respondent to cease the practice and take affirmative corrective action (AS 18.80.130); however, the Commission may NOT award noneconomic or punitive damages.
• Private civil action in Alaska Superior Court under AS 18.80.145, where compensatory (including noneconomic) damages and injunctive relief are available; punitive damages may be available in egregious cases.
• Administrative complaint to the U.S. Department of Justice, Civil Rights Division (ADA.gov) and/or a federal civil action under 42 U.S.C. § 12188 (injunctive relief and attorney fees under § 12205).

This letter is sent without waiver of any right or remedy.

Signature Block

Respectfully,

[____________________]

[REQUESTER NAME / ATTORNEY NAME], [Alaska Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Alaska Practice Notes

• Enforcing agency. The Alaska State Commission for Human Rights (ASCHR) administers and enforces the Alaska Human Rights Law (AS 18.80), including the public-accommodation provision (AS 18.80.230). The DOJ Disability Rights Section handles federal ADA Title III complaints.
• State law is anti-discrimination, not a detailed access code. AS 18.80.230 prohibits disability-based denial of public accommodations but does not, by its terms, spell out the readily-achievable barrier-removal, reasonable-modification, and auxiliary-aid duties. Those affirmative access obligations are supplied primarily by the federal ADA Title III — cite the ADA as the operative standard for physical access and auxiliary aids. (Flag this interplay for the client.)
• Admin vs. court route. A requester may file an ASCHR complaint (AS 18.80.100) or bring a private civil action (AS 18.80.145). The Commission may dismiss without prejudice if the complainant has initiated an action in another forum on the same facts (AS 18.80.112). The ASCHR route yields cease-and-desist and corrective orders but no noneconomic or punitive damages; for full compensatory relief, a court action is generally necessary.
• Remedies. Commission: cease-and-desist, affirmative corrective action, and (in housing/employment) economic damages — but no noneconomic/punitive damages (AS 18.80.130). Court (AS 18.80.145): compensatory damages including noneconomic harm, plus injunctive relief. ADA Title III (federal): injunctive relief and attorney fees only (no compensatory damages to private plaintiffs).
• Limitations periods. ASCHR complaint: generally 300 days from the discriminatory act (verify current ASCHR rule). Private state action under AS 18.80.145: Alaska's general 2-year personal-injury limitations period (AS 09.10.070) typically applies. ADA Title III borrows the same 2-year period. Confirm before relying.
• No state statutory-damages bounty. Alaska has no Unruh-style per-violation statutory-damages remedy; recovery depends on proven actual damages plus equitable relief and fees.

Sources and References

• Alaska Stat. § 18.80.230 (unlawful practices in public accommodations) — https://law.justia.com/codes/alaska/title-18/chapter-80/article-4/section-18-80-230/
• Alaska Stat. § 18.80.130 (Commission orders; no noneconomic/punitive damages) — https://law.justia.com/codes/alaska/title-18/chapter-80/article-2/section-18-80-130/
• Alaska Stat. § 18.80.100 (complaint to Commission) — https://www.akleg.gov/basis/statutes.asp#18.80.100
• Alaska Human Rights Law (AS 18.80, full text PDF) — https://humanrights.alaska.gov/wp-content/uploads/2017/09/AS-18.80-for-web.pdf
• Alaska State Commission for Human Rights — https://humanrights.alaska.gov/
• 42 U.S.C. § 12182 (ADA Title III) — https://www.ada.gov/
• 28 C.F.R. Part 36 (DOJ Title III regulations; 2010 ADA Standards) — https://www.ecfr.gov/current/title-28/chapter-I/part-36
• U.S. DOJ ADA complaint portal — https://www.ada.gov/file-a-complaint/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Alaska must review and customize this document before use. Verify all statutory citations and the current ASCHR filing deadline before sending.