Public Accommodation Disability Access Request - Colorado

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND — COLORADO

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I. INTRODUCTION AND LEGAL BASIS

This letter is a formal request and demand that [BUSINESS NAME] ("you" or "the Establishment") provide full and equal access to its goods, services, facilities, privileges, advantages, and accommodations to [REQUESTER NAME] ("Requester"), a person with a disability.

The Establishment is a "place of public accommodation" within the meaning of C.R.S. § 24-34-601(1) and 42 U.S.C. § 12181(7), specifically a [IDENTIFY CATEGORY — e.g., retail/sales establishment, restaurant, place of lodging, theater, recreational facility, clinic, professional office].

It is a discriminatory and unlawful practice under C.R.S. § 24-34-601(2) to refuse, withhold from, or deny an individual the full and equal enjoyment of a place of public accommodation because of disability. A disability-based claim under § 24-34-601 is governed by C.R.S. § 24-34-802, which directs courts to apply the same standards and defenses available under the federal Americans with Disabilities Act. In parallel, 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, as implemented by 28 C.F.R. Part 36 and the 2010 ADA Standards for Accessible Design.

II. THE REQUESTER AND THE DISABILITY

The Requester is an individual with a disability within the meaning of C.R.S. § 24-34-301 and 42 U.S.C. § 12102. The nature of the disability and resulting functional limitation is:

☐ Mobility disability (e.g., uses a wheelchair, scooter, walker, or cane): [DESCRIBE]
☐ Vision disability (blind or low vision): [DESCRIBE]
☐ Hearing disability (deaf or hard of hearing): [DESCRIBE]
☐ Disability requiring a service animal: [DESCRIBE TASK/WORK PERFORMED]
☐ Other physical or mental impairment substantially limiting a major life activity: [DESCRIBE]

The Requester [is a current patron / intends to patronize / was deterred from patronizing] the Establishment and has a genuine intent to return once access is provided.

III. THE PUBLIC ACCOMMODATION AND THE BARRIER / DENIAL

On or about [DATE], the Requester [visited / attempted to use / contacted] the Establishment at [ADDRESS] and encountered the following barrier(s) or denial(s):

Check each that applies:

☐ Physical / architectural barrier (e.g., no accessible parking, no ramp/accessible entrance, narrow doorways, inaccessible restroom, no accessible route, high counters): [DESCRIBE]
☐ Denial of auxiliary aid / effective communication (e.g., refused a sign-language interpreter, assistive listening, large-print/Braille materials, accessible website/kiosk): [DESCRIBE]
☐ Denial of service animal access (refused entry or service to Requester accompanied by a service animal): [DESCRIBE]
☐ Policy / practice barrier (e.g., a policy that screens out or burdens persons with disabilities): [DESCRIBE]
☐ Refused a reasonable modification to a policy, practice, or procedure: [DESCRIBE]

IV. THE SPECIFIC ACCESS REQUESTED

The Requester requests that the Establishment provide the following, which is reasonable and necessary to afford equal access:

1. [SPECIFIC ACTION — e.g., install an accessible ramp meeting the 2010 ADA Standards] [____]
2. [SPECIFIC ACTION — e.g., designate and sign an accessible parking space] [____]
3. [SPECIFIC ACTION — e.g., admit the Requester's service animal without surcharge] [____]
4. [SPECIFIC ACTION — e.g., provide [interpreter / assistive listening / accessible documents] on request] [____]
5. [SPECIFIC ACTION — e.g., modify the "no animals" / [other] policy as applied to the Requester] [____]

V. LEGAL OBLIGATIONS

Under C.R.S. § 24-34-601 and § 24-34-802, and ADA Title III (42 U.S.C. § 12182(b)) and 28 C.F.R. Part 36, the Establishment must, among other things:

• Not deny full and equal enjoyment of its goods, services, and facilities because of disability (§ 24-34-601(2); 42 U.S.C. § 12182(a)).
• Make reasonable modifications in 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 necessary for effective communication unless doing so would fundamentally alter the service or impose an undue burden (42 U.S.C. § 12182(b)(2)(A)(iii)).
• Remove architectural and communication barriers in existing facilities where removal is readily achievable (easily accomplishable without much difficulty or expense), and otherwise provide access through readily achievable alternative methods (42 U.S.C. § 12182(b)(2)(A)(iv)-(v)).
• Permit service animals as required by 28 C.F.R. § 36.302(c).

Because § 24-34-802(4) directs Colorado courts to apply ADA standards and defenses, federal Title III obligations and the 2010 ADA Standards supply the substantive benchmark for compliance.

VI. DEMAND AND RESPONSE DEADLINE

The Requester demands that the Establishment confirm in writing, within [30 / 45 / 60] days of receipt of this letter — by [__/__/____] — that it will provide the access described in Section IV, and that it will complete any necessary work within a reasonable agreed schedule. Please direct your response to [CONTACT NAME, ADDRESS, EMAIL, PHONE].

The Requester prefers to resolve this matter cooperatively and without litigation.

VII. ESCALATION AND RESERVATION OF RIGHTS

If the Establishment does not provide the requested access by the deadline, the Requester reserves the right, without further notice, to pursue any or all of the following:

• Administrative complaint with the Colorado Civil Rights Division (CCRD) under the Colorado Anti-Discrimination Act (administrative process under C.R.S. § 24-34-306). Note: under C.R.S. § 24-34-602(3), a § 24-34-601 court action and a Commission proceeding are alternatives; a person who sues under § 24-34-602 may not also seek Commission relief. Disability claims proceed under § 24-34-802.
• Federal administrative complaint with the U.S. Department of Justice, Civil Rights Division (ADA.gov).
• Civil action under C.R.S. § 24-34-802(2) (disability) and 42 U.S.C. § 12188 seeking:
• A court order requiring compliance (injunctive relief);
• At the Requester's election, actual monetary damages OR a statutory fine of $3,500 per violation payable to each plaintiff under C.R.S. § 24-34-802(2)(a) (a small-business defendant that corrects the violation within 30 days of the complaint may obtain a 50% reduction of the fine);
• Reasonable attorney fees and costs under C.R.S. § 24-34-505.6(6)(b) and 42 U.S.C. § 12205.

The Requester reserves all rights and remedies under federal, state, and local law. Nothing in this letter waives any claim, deadline, or remedy.

SIGNATURE BLOCK

Sincerely,

[____________________]

[REQUESTER NAME / ATTORNEY NAME]
[TITLE / "Attorney for Requester," if applicable]
[Colorado Attorney Reg. No., if applicable: ______]
[FIRM / ORGANIZATION]
[ADDRESS]
[CITY], CO [ZIP]
Telephone: [__________]
Email: [__________]

Enclosures: [photographs / measurements / prior correspondence / medical documentation, as applicable]

COLORADO PRACTICE NOTES

• Statute and agency. Public-accommodation discrimination is governed by C.R.S. § 24-34-601, enforced administratively by the Colorado Civil Rights Division (CCRD) and the Colorado Civil Rights Commission. Disability-based public-accommodation claims are channeled through C.R.S. § 24-34-802.
• State statutory damages (notable). For a disability-based violation, § 24-34-802(2)(a) entitles the plaintiff to a court order requiring compliance plus either actual monetary damages OR a statutory fine of $3,500 per violation, payable to each plaintiff — a meaningful state-law remedy not available under federal Title III (which limits private plaintiffs to injunctive relief and fees). A small business (≤25 employees and ≤$3.5M gross income) may receive a 50% fine reduction if it cures within 30 days of the complaint, unless it knowingly created the barrier.
• Construction/web-access nuances. A construction-related accessibility violation is treated as a single incident (not per day); a digital-product (website/app) accessibility violation is a single incident.
• Admin vs. court route. Under § 24-34-602(3), the civil-suit route and the Commission route are alternatives for § 24-34-601 generally; a claimant cannot pursue both for the same conduct. Confirm the current election/exhaustion posture for disability claims under § 24-34-802 with counsel, as the interplay among §§ 601, 602, and 802 is technical.
• Attorney fees. Recoverable under C.R.S. § 24-34-505.6(6)(b) and, on the federal count, 42 U.S.C. § 12205.
• ADA interplay. § 24-34-802(4)-(5) applies ADA standards and defenses and bars state rules less protective than the ADA, so the 2010 ADA Standards and 28 C.F.R. Part 36 control the substantive accessibility analysis.
• Limitations (verify). Confirm the applicable limitations period for the disability public-accommodation claim and for the CCRD charge before relying on any deadline; this point is technical and should be checked against current law.

SOURCES AND REFERENCES

• C.R.S. § 24-34-601 (public accommodations; definition) — https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-34-601/
• C.R.S. § 24-34-602 (penalty and civil liability) — https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-34-602/
• C.R.S. § 24-34-802 (disability; remedies — $3,500 fine or actual damages; ADA standards) — https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-34-802/
• Colorado Civil Rights Division — Discrimination (public accommodations) — https://ccrd.colorado.gov/discrimination
• 42 U.S.C. § 12182 (ADA Title III) / § 12188 (enforcement) / § 12205 (fees) — https://www.ada.gov/
• 28 C.F.R. Part 36; 2010 ADA Standards for Accessible Design — https://www.ada.gov/law-and-regs/design-standards/2010-stds/
• 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 Colorado must review and customize this document before use. Verify all statutory citations and deadlines before relying on them.