Public Accommodation Disability Access Request - California

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — CALIFORNIA

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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 both California and federal law.

• California law. The Unruh Civil Rights Act, Cal. Civ. Code § 51, entitles all persons, regardless of disability, to "full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever." A violation of the federal Americans with Disabilities Act is, by operation of Cal. Civ. Code § 51(f), also a violation of the Unruh Act. The California Disabled Persons Act (CDPA), Cal. Civ. Code §§ 54-54.3, independently guarantees persons with disabilities equal access to public places and facilities.
• 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 the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation." Implementing regulations appear at 28 C.F.R. Part 36, incorporating the 2010 ADA Standards for Accessible Design.

Complete the federal coverage facts before asserting Title III:

Based on those facts, [identify the establishment] is alleged to be a covered place of public accommodation under 42 U.S.C. § 12181(7) and a "business establishment" under Cal. Civ. Code § 51(b).

II. The Requester and the Disability

The requester is a person with a disability within the meaning of Cal. Civ. Code § 51, Cal. Gov. Code § 12926, 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 under 42 U.S.C. § 12181(7)], 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 — e.g., install compliant ramp, designate van-accessible parking, lower service counter] [____]
2. [PROVIDE AUXILIARY AID — e.g., qualified interpreter, accessible electronic documents] [____]
3. [POLICY MODIFICATION — e.g., admit service animal, modify "no pets" or queueing policy] [____]
4. Adopt a written ADA/Unruh accessibility policy and train staff. [____]

V. Legal Obligations

Under California and federal law, this establishment must:

• Remove architectural barriers in existing facilities where removal is "readily achievable" (42 U.S.C. § 12182(b)(2)(A)(iv); 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)).
• Comply with the California Building Code (CBC) accessibility standards, which in places impose requirements stricter than the federal 2010 ADA Standards.
• Provide full and equal access under the Unruh Act (§ 51) and the CDPA (§ 54), independent of the ADA.

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:

• Civil action under the Unruh Civil Rights Act, with STATUTORY DAMAGES OF NO LESS THAN $4,000 PER OFFENSE under Cal. Civ. Code § 52(a) (up to treble actual damages), plus attorney fees and costs. A separate "offense" may arise from each particular occasion the requester was denied access.
• Civil action under the California Disabled Persons Act, Cal. Civ. Code § 54.3, with statutory damages of no less than $1,000 per offense (up to treble actual damages) and attorney fees. (A plaintiff may recover under either the Unruh Act or the CDPA for a particular violation, but not both.)
• Injunctive relief under Cal. Civ. Code § 55 and 42 U.S.C. § 12188, plus attorney fees under § 12205, subject to the court's discretion.
• Administrative complaint to the California Civil Rights Department (CRD) and/or the U.S. Department of Justice, Civil Rights Division (ADA.gov).

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

Signature Block

Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

California Practice Notes

• Enforcing agencies. The California Civil Rights Department (CRD) (formerly DFEH) enforces the Unruh Act administratively; the DOJ Disability Rights Section handles federal ADA Title III complaints. Both administrative and direct-court routes are available — Unruh and CDPA claims require no administrative exhaustion.
• The Unruh statutory-damages hook ($4,000/offense). Because Cal. Civ. Code § 51(f) makes any ADA violation an Unruh violation, an access barrier supports statutory damages of no less than $4,000 per offense under § 52(a) — a remedy unavailable under the ADA itself (federal Title III gives private plaintiffs preventive relief and makes any § 12205 fee award discretionary). This is the dominant feature of California access litigation.
• Admin vs. court route. Unruh/CDPA claims may be filed directly in superior court without any agency filing. ADA Title III claims may proceed in federal court (42 U.S.C. § 12188) or be the subject of a DOJ complaint.
• CRASCA / heightened pleading regime. For construction-related accessibility claims, California imposes special rules: pre-suit demand letters cannot demand a specified sum (Cal. Civ. Code § 55.31), high-frequency litigants face heightened pleading and filing fees (Code Civ. Proc. §§ 425.50-425.55), and statutory damages may be reduced (e.g., to $1,000 or $2,000) for defendants who promptly correct or qualify as small businesses (Cal. Civ. Code § 55.56(f)-(g)). A Certified Access Specialist (CASp) inspection can affect damages exposure on both sides.
• Limitations periods. Unruh Act: generally 2 years (personal-rights statute, Code Civ. Proc. § 335.1); CDPA: 2 years. ADA Title III borrows California's personal-injury limitations period (2 years). Confirm the applicable period for the specific claim.
• Standing. A plaintiff must generally show actual encounter with a barrier and either intent to return or deterrence. Document each visit and barrier with dated photographs and measurements.

Sources and References

• Cal. Civ. Code § 51 (Unruh Civil Rights Act) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=51.&lawCode=CIV
• Cal. Civ. Code § 52 (Unruh remedies; $4,000 statutory damages) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=52.&lawCode=CIV
• Cal. Civ. Code §§ 54-54.3 (California Disabled Persons Act) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=54.&lawCode=CIV
• Cal. Civ. Code §§ 55.3, 55.56 (CRASCA demand-letter / damages rules) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=55.56.&lawCode=CIV
• Cal. Code Civ. Proc. §§ 425.50-425.55 (construction-related accessibility pleading rules) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=425.50.&lawCode=CCP
• 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
• California Civil Rights Department — https://calcivilrights.ca.gov/
• 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 California must review and customize this document before use. Verify all statutory citations and the CRASCA demand-letter rules before sending.