Public Accommodation Disability Access Request - Arkansas

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — ARKANSAS

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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 Arkansas and federal law.

• Arkansas law. The Arkansas Civil Rights Act of 1993, Ark. Code § 16-123-107(a)(2), declares the civil right of an otherwise qualified person to be free from disability discrimination, including "[t]he right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement." The Arkansas disability-access statutes, Ark. Code § 20-14-301 et seq., further guarantee persons with visual, hearing, or physical disabilities equal access to public accommodations and the right to be accompanied by a service/guide animal.
• 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).

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. For a website claim, Ark. Code § 20-14-309 requires written notice identifying the alleged violation, harm, and date of harm, sent by certified mail with return receipt requested at least 120 days before a petition for injunctive relief. Correction within 120 days after receipt creates a nonrebuttable affirmative defense under the statute, and a prevailing defendant on that defense is entitled to reasonable litigation costs, including attorney fees.

Based on those facts, [identify the establishment] is alleged to be a "place of public resort, accommodation, assemblage, or amusement" under Ark. Code § 16-123-107(a)(2) and a "public accommodation" under 42 U.S.C. § 12181(7).

II. The Requester and the Disability

The requester is an otherwise qualified person with a sensory, mental, or physical disability protected under Ark. Code § 16-123-107(a) 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 Arkansas and federal law, this establishment must:

• Afford full and equal enjoyment of its accommodations, advantages, facilities, and privileges without disability discrimination (Ark. Code § 16-123-107(a)(2); Ark. Code § 20-14-301 et seq.).
• Permit service/guide animals to accompany persons with disabilities (Ark. Code § 20-14-304 et seq.).
• 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

For a non-website claim, 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 [__/__/____].

For a website claim, this letter is intended to serve as the written notice under Ark. Code § 20-14-309 only if it identifies each alleged violation, the alleged harm, and the date of alleged harm and is sent by certified mail with return receipt requested. No petition for injunctive relief based on the website claim should be filed before the statutory 120-day notice period expires.

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:

• Private civil action under the Arkansas Civil Rights Act, Ark. Code § 16-123-107(b), in a court of competent jurisdiction to enjoin further violations and recover compensatory AND punitive damages, plus, in the court's discretion, the cost of litigation and a reasonable attorney's fee, for an intentional act of disability discrimination in a place of public accommodation.
• Other Arkansas remedies only after claim-specific review. Ark. Code §§ 20-14-301 through 20-14-310 state access rights and include criminal, restitution, civil-penalty, and website-procedure provisions, but this letter does not represent that those sections create a separate general private damages action. Counsel must identify a specific cause of action before asserting one.
• 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, subject to the court's discretion).

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

Signature Block

Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Arkansas Practice Notes

• No state administrative agency for public-accommodation claims. Arkansas has no state human-rights commission that adjudicates public-accommodation discrimination. Enforcement of the Arkansas Civil Rights Act public-accommodation provision is by private civil action in court; for the federal ADA, a complaint may also be filed with the DOJ Disability Rights Section.
• State damages ARE available (compensatory and punitive). Unlike many states that rely solely on the ADA's injunction-only remedy, the Arkansas Civil Rights Act (§ 16-123-107(b)) expressly authorizes compensatory and punitive damages and discretionary attorney fees for an intentional act of public-accommodation discrimination. This is a meaningful state-law advantage over a federal-ADA-only claim (which gives private plaintiffs injunctive relief and fees only).
• Federal ADA supplies the access standards. The detailed readily-achievable barrier-removal, reasonable-modification, and auxiliary-aid duties (and the 2010 ADA Standards) come from the federal ADA Title III; the Arkansas statutes are framed as anti-discrimination/equal-access rights rather than a detailed construction code. (Flag this interplay; pair the state damages claim with an ADA Title III injunctive claim.)
• Intent requirement. Ark. Code § 16-123-107(b) damages require an intentional act of discrimination — plead and document intent (e.g., a deliberate refusal of service or service-animal access) where seeking damages, separate from any readily-achievable-barrier theory.
• Limitations period. The Arkansas Civil Rights Act sets a 1-year limitations period for employment claims (§ 16-123-107(c)(4)); for public-accommodation claims, the statute does not specify a period, so Arkansas's general personal-injury/tort limitations period (commonly 3 years, Ark. Code § 16-56-105) is typically applied. ADA Title III borrows the state personal-injury period. Verify the applicable period before relying.

Sources and References

• Ark. Code § 16-123-107 (Arkansas Civil Rights Act — discrimination offenses; remedies) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-1/section-16-123-107/
• Ark. Code § 16-123-107 (FindLaw full text) — https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-123-107/
• Ark. Code § 20-14-301 et seq. (rights of persons with disabilities; equal access) — https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-14/subchapter-3/
• Ark. Code § 20-14-309 (official Act 784 of 2017, website notice and cure procedure) — https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2017R%2FPublic%2F&file=784.pdf&ddBienniumSession=2017%2F2017R
• 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 Arkansas must review and customize this document before use. Verify all statutory citations and the applicable limitations period before sending.