Public Accommodation Disability Access Request - Alabama

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — ALABAMA

Header

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 Alabama and federal law.

• Alabama law. Ala. Code § 21-7-3(a) provides full and equal use of a public accommodation to an individual with a disability. Subsection (b) requires a policy modification to permit service-animal use. Section 21-7-4(a) permits the animal in areas normally open to the public or customers. The state definition limits service animals under these sections to a dog or miniature horse (§ 21-7-1(b)(7)).
• Federal law. ADA Title III, 42 U.S.C. § 12182(a), prohibits disability discrimination by a person who owns, leases, leases to, or operates a covered public accommodation. DOJ regulations separately govern necessary policy modifications, auxiliary aids, and readily achievable barrier removal (28 C.F.R. §§ 36.302–.304).

Complete the federal Title III coverage facts before making that allegation:

Website/app gate: Identify controlling federal or state authority and any required physical-place nexus before asserting a digital-access claim; § 12181(7) does not itself create a standalone website or app category.

Based on those facts, [identify the establishment] is alleged to be a "public accommodation" under Ala. Code § 21-7-3 and 42 U.S.C. § 12181(7).

II. The Requester and the Disability

The requester is a person with a disability as defined by Ala. Code § 21-7-1 (incorporating 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 Alabama and federal law, this establishment must:

• Afford full and equal use of its public accommodations under Ala. Code § 21-7-3(a).
• Modify its policy to permit a qualifying service animal in areas normally open to the public or customers, subject to the statutory control and removal rules (Ala. Code §§ 21-7-3(b), 21-7-4(a), (b), (g)).
• 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 doing so would fundamentally alter the nature of the goods or services or impose an undue burden (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:

• A complaint to the U.S. Department of Justice, Civil Rights Division, which may investigate an alleged Title III violation under 42 U.S.C. § 12188(b).
• A federal Title III civil action for preventive relief, including an appropriate injunction (42 U.S.C. § 12188(a); 28 C.F.R. § 36.501). A court may allow a prevailing party other than the United States reasonable attorney fees, litigation expenses, and costs in its discretion (42 U.S.C. § 12205; 28 C.F.R. § 36.505).
• Any applicable Alabama remedy, after identifying the specific state authority and facts supporting it.

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

Signature Block

Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Alabama Practice Notes

• Two coverage tests. Alabama's § 21-7-1(b)(6) definition differs from federal § 12181(7)'s private-entity, commerce, and listed-category test. Record facts satisfying each before invoking that law.
• Different modification duties. Alabama § 21-7-3(b) addresses service-animal access. The broader federal policy-modification, communication, and architectural-barrier duties are in 28 C.F.R. §§ 36.302–.304.
• Service animals. Alabama § 21-7-4(d) permits two questions about an animal's status and trained work; documentation of training is not a precondition. Section 21-7-4(g) addresses control, housebreaking, and direct-threat removal. Record the specific facts before demanding access.
• Remedies and deadline. The federal private route in § 12188(a) supplies preventive relief; § 12205 makes fees discretionary. Confirm any limitations period and any separate state remedy against current controlling authority before filing.
• Evidence. Record visits, communications, barriers, photographs, and measurements with dates.

Sources and References

• Ala. Code §§ 21-7-1, 21-7-3, 21-7-4 — https://alison.legislature.state.al.us/code-of-alabama
• Federal disability definition, 42 U.S.C. § 12102 — https://uscode.house.gov/us/usc/119-121/t42/s12102/
• Federal public-accommodation categories, 42 U.S.C. § 12181 — https://uscode.house.gov/us/usc/119-121/t42/s12181/
• Federal discrimination prohibition, 42 U.S.C. § 12182 — https://uscode.house.gov/us/usc/119-121/t42/s12182/
• Federal Title III private and government enforcement, 42 U.S.C. § 12188 — https://uscode.house.gov/us/usc/119-121/t42/s12188/
• Preventive relief incorporated by § 12188(a), 42 U.S.C. § 2000a-3 — https://uscode.house.gov/us/usc/119-121/t42/s2000a-3/
• Discretionary fees, 42 U.S.C. § 12205 — https://uscode.house.gov/us/usc/119-121/t42/s12205/
• 28 C.F.R. §§ 36.302–.304, 36.501, 36.505 — https://www.ada.gov/law-and-regs/regulations/title-iii-regulations/
• 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 Alabama must review and customize this document before use. Verify all statutory citations and the applicable limitations period before sending.