Public Accommodation Disability Access Request - Arizona

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — ARIZONA

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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, privileges, advantages, and accommodations for persons with disabilities, as required by Arizona and federal law.

• Arizona law. The Arizonans with Disabilities Act (AzDA), A.R.S. § 41-1492 et seq., prohibits discrimination on the basis of disability in public accommodations and commercial facilities. A.R.S. § 41-1492.02(A) provides that "[n]o 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."
• Federal law. ADA Title III, 42 U.S.C. § 12182(a), prohibits the same discrimination at any place of public accommodation. Implementing regulations appear at 28 C.F.R. Part 36, incorporating the 2010 ADA Standards for Accessible Design.

This establishment is a "public accommodation" under A.R.S. § 41-1492.01 and 42 U.S.C. § 12181(7).

II. The Requester and the Disability

The requester is a person with a disability within the meaning of A.R.S. § 41-1492(8) 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 the AzDA and ADA Title III, this establishment must:

• Remove architectural and communication barriers that are structural in nature in existing facilities where removal is "readily achievable" (A.R.S. § 41-1492.02(G)(4); 42 U.S.C. § 12182(b)(2)(A)(iv)); and where not readily achievable, provide access through readily achievable alternative methods (A.R.S. § 41-1492.02(G)(5)).
• Make reasonable modifications to policies, practices, and procedures unless doing so would fundamentally alter the nature of the goods or services (A.R.S. § 41-1492.02(G)(2); 42 U.S.C. § 12182(b)(2)(A)(ii)).
• Provide auxiliary aids and services to ensure effective communication unless an undue burden results (A.R.S. § 41-1492.02(G)(3); 42 U.S.C. § 12182(b)(2)(A)(iii)).
• Afford goods and services in the most integrated setting appropriate to the needs of the individual (A.R.S. § 41-1492.02(C)).

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:

• Private civil action under A.R.S. § 41-1492.08 in superior court for injunctive and equitable relief (including an order to provide auxiliary aids, modify policies, or make facilities accessible) and reasonable attorney fees (A.R.S. § 41-1492.09(F)). The action must be filed within two (2) years of the discriminatory act or its termination.
• Administrative complaint to the Arizona Attorney General, Civil Rights Division, which may bring an enforcement action seeking equitable relief, monetary damages to aggrieved persons (no punitive damages), and civil penalties of up to $5,000 for a first violation and $10,000 for any subsequent violation (A.R.S. § 41-1492.09(B)-(C)).
• 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.

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

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Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Arizona Practice Notes

• Enforcing agency. The Arizona Attorney General's Civil Rights Division enforces the AzDA and may file enforcement actions; the DOJ Disability Rights Section handles federal ADA Title III complaints.
• No statutory-damages bounty. Unlike California's Unruh Act, the AzDA provides no per-violation statutory damages to private plaintiffs. A private plaintiff's remedies under A.R.S. § 41-1492.08-.09 are equitable relief plus attorney fees; monetary damages and civil penalties are recoverable only in an action brought by the Attorney General, and punitive damages are expressly excluded (A.R.S. § 41-1492.09(B)(2)).
• Pre-suit notice / cure for architectural barriers. A.R.S. § 41-1492.08 requires 30 days' written notice and an opportunity to cure (extendable to 90 days where building permits are required) before a private plaintiff may sue over an architectural/communication barrier.
• Anti-"shakedown" sanctions. A.R.S. § 41-1492.09(H)-(I) authorizes courts to sanction a plaintiff or attorney who brings access suits primarily to extract settlement payments, and to direct sanction monies to the Governor's Office of Youth, Faith and Family for compliance education. Arizona enacted these provisions partly in response to high-volume serial-litigation campaigns; counsel should ensure good-faith, well-documented claims.
• Admin vs. court route. Election is generally permissive — a requester may file with the Attorney General, the DOJ, or proceed directly to superior court (subject to the § 41-1492.08 notice requirement) or federal court.
• Limitations period. 2 years for the private AzDA action (A.R.S. § 41-1492.08); ADA Title III borrows Arizona's 2-year personal-injury limitations period (A.R.S. § 12-542).

Sources and References

• A.R.S. § 41-1492.02 (prohibition of discrimination by public accommodations) — https://www.azleg.gov/ars/41/01492-02.htm
• A.R.S. § 41-1492.08 (private civil action; notice/cure; 2-year SOL) — https://www.azleg.gov/ars/41/01492-08.htm
• A.R.S. § 41-1492.09 (AG enforcement; civil penalties; sanctions) — https://www.azleg.gov/ars/41/01492-09.htm
• Arizona Attorney General — Civil Rights Division — https://www.azag.gov/civil-rights
• 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 Arizona must review and customize this document before use. Verify all statutory citations and the § 41-1492.08 notice/cure requirements before sending.