Public Accommodation Disability Access Request - Hawaii

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND — HAWAI'I

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I. INTRODUCTION AND LEGAL BASIS

This letter is a formal request and demand that [BUSINESS NAME] ("you" or "the Establishment") remedy disability-access violations at the place of public accommodation located at [ADDRESS].

The Establishment is a "place of public accommodation" under HRS § 489-2 and 42 U.S.C. § 12181(7), specifically a [IDENTIFY CATEGORY — e.g., restaurant, hotel/lodging, retail store, gym/health club, theater, hospital or health-care provider's office, transportation facility].

The following laws apply:

• Hawai'i law. HRS § 489-3 makes it unlawful to deny a person, on the basis of disability, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation; HRS § 489-5 reinforces that prohibition. The Hawai'i Civil Rights Commission (HCRC) enforces HRS Chapter 489. An injured person may also sue directly under HRS § 489-7.5. HRS Chapter 347 protects persons who are blind, visually handicapped, or disabled, including in public places and conveyances (HRS § 347-13), with a private suit provision at HRS § 347-13.5.
• Federal law. Under ADA Title III, 42 U.S.C. § 12182(a), no individual may be discriminated against on the basis of disability in the full and equal enjoyment of any place of public accommodation. DOJ regulations appear at 28 C.F.R. Part 36.

II. THE REQUESTER AND THE DISABILITY

The requester, [NAME] ("Requester"), is an individual with a disability within the meaning of 42 U.S.C. § 12102 and HRS Chapter 489.

Nature of the disability and resulting functional limitation:

☐ Mobility disability (uses [wheelchair / scooter / walker / cane / other])
☐ Visual disability / blindness (uses [white cane / guide dog / screen reader / other])
☐ Deaf or hard of hearing (uses [ASL / lip reading / assistive listening / captioning])
☐ Speech disability
☐ Other disability: [DESCRIBE FUNCTIONAL LIMITATION]

The Requester [is a customer/client/patron of / sought to use the goods or services of] the Establishment and intends to return.

III. THE PUBLIC ACCOMMODATION AND THE BARRIER / DENIAL

On or about [__/__/____], the Requester encountered the following barrier(s) or denial(s) at the Establishment:

Additional facts (witnesses, photographs, measurements, names of staff involved):

• [SPECIFIC FACT 1]
• [SPECIFIC FACT 2]
• [SPECIFIC FACT 3]

IV. THE SPECIFIC ACCESS REQUESTED

The Requester requests that the Establishment provide the following specific access / accommodation:

1. [SPECIFIC ACTION — e.g., install an ADA-compliant ramp at the main entrance]
2. [SPECIFIC ACTION — e.g., designate and properly mark accessible parking per the 2010 ADA Standards]
3. [SPECIFIC ACTION — e.g., admit and serve the Requester accompanied by the service animal at no extra charge]
4. [SPECIFIC ACTION — e.g., provide [auxiliary aid] for effective communication]
5. [SPECIFIC ACTION — e.g., modify the [policy/practice] to allow equal access]
6. Adopt a written disability-access policy and train staff on Hawai'i and ADA obligations.

V. LEGAL OBLIGATIONS

Hawai'i. HRS §§ 489-3 and 489-5 prohibit denying the Requester full and equal enjoyment of the Establishment's goods, services, facilities, privileges, advantages, and accommodations on the basis of disability. HRS Chapter 347 protects access for persons who are blind, visually handicapped, or disabled, including service-animal access in public places and conveyances.

ADA Title III (42 U.S.C. § 12182(b)(2)(A)). The Establishment must:

• Remove architectural barriers in existing facilities where removal is readily achievable (§ 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304);
• Make reasonable modifications to policies, practices, or procedures unless doing so would fundamentally alter the goods or services (§ 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 (§ 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303);
• Not use eligibility criteria that screen out or tend to screen out persons with disabilities (§ 12182(b)(2)(A)(i));
• Permit access by service animals (28 C.F.R. § 36.302(c)).

VI. DEMAND AND RESPONSE DEADLINE

The Requester demands that the Establishment confirm in writing, within [30] days of receipt of this letter (by no later than [__/__/____]), its agreement to provide the access requested in Section IV and a reasonable timeline for completion.

Please direct your written response to: [NAME / COUNSEL], [ADDRESS / EMAIL].

VII. ESCALATION AND RESERVATION OF RIGHTS

If the Establishment does not adequately respond by the deadline, the Requester reserves the right to pursue all available remedies, including:

• Administrative complaint to the Hawai'i Civil Rights Commission (HCRC) under HRS Chapter 489, filed within 180 days of the discriminatory act. After investigation, conciliation, and (if necessary) administrative hearing, the HCRC may order admission, full and equal enjoyment, corrective measures, money damages, fines, and punitive damages (on clear and convincing evidence of a willful, deliberate, or malicious violation).
• Private civil action under HRS § 489-7.5, recovering the greater of $1,000 or threefold (3x) actual damages, plus reasonable attorney's fees and costs, and injunctive relief. Suits may also be available under HRS § 347-13.5.
• Federal civil action under ADA Title III, 42 U.S.C. § 12188, seeking injunctive relief and attorney's fees and costs under 42 U.S.C. § 12205, and/or an administrative complaint to the U.S. Department of Justice (which may seek civil penalties).
• Any other relief available under Hawai'i or federal law.

The Requester does not waive, and expressly reserves, all rights and remedies. This letter is a good-faith effort to resolve the matter without litigation.

SIGNATURE BLOCK

Respectfully,

[____________________]

[NAME], [Requester / Attorney for Requester]

[Hawai'i Bar No. ______ (if attorney)]

[FIRM NAME (if applicable)]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

Date: [__/__/____]

HAWAI'I PRACTICE NOTES

• State statute and agency. HRS Chapter 489 ("Discrimination in Public Accommodations") prohibits disability discrimination in public accommodations and is enforced by the Hawai'i Civil Rights Commission (HCRC), 830 Punchbowl St., Room 411, Honolulu, HI 96813.
• Admin route. An HCRC complaint must be filed within 180 days of the discriminatory practice. The HCRC investigates, attempts conciliation, and may hold an administrative hearing. Available HCRC remedies include admission, full and equal enjoyment, corrective action, money damages, fines, and punitive damages on clear and convincing evidence of willful/deliberate/malicious conduct.
• Court route. HRS § 489-7 provides there is "no limitation on causes of action," so HCRC filing is not exclusive. Under HRS § 489-7.5, a person injured by an unlawful discriminatory practice may sue and recover the greater of $1,000 or treble (3x) actual damages, plus reasonable attorney's fees and costs, and injunctive relief; in class/de facto class actions the $1,000 minimum does not apply. HRS § 347-13.5 provides an additional private-suit avenue for blind/visually-handicapped/disabled access.
• State statutory damages — robust. The § 489-7.5 floor (greater of $1,000 or treble damages) plus attorney's fees, and HCRC punitive damages, make Hawai'i a strong state-remedy jurisdiction — unlike the federal ADA, which gives private plaintiffs only injunctive relief and fees.
• Service animals. Both HRS Chapter 347 and 28 C.F.R. § 36.302(c) protect service-animal access. HRS § 347-2.6 imposes a civil penalty for misrepresenting a service animal; HRS § 711-1109.4 makes injuring a service animal a class C felony.
• ADA interplay. Hawai'i's accessibility/construction standards generally track the 2010 ADA Standards. Use the ADA Title III claim for injunctive relief and federal attorney's fees; use HRS Chapter 489/§ 489-7.5 for state statutory and treble damages.
• Standing (ADA). A private ADA plaintiff must show a real and immediate threat of future injury (intent to return or deterrent effect).

SOURCES AND REFERENCES

• HRS § 489-3, § 489-5 (discriminatory practices) — https://law.justia.com/codes/hawaii/title-26/chapter-489/
• HRS § 489-7.5 (suits by persons injured; recovery) — https://codes.findlaw.com/hi/division-2-business/hi-rev-st-sect-489-7-5/
• HRS § 489-8 (civil penalty); § 489-7 (no limitation on causes of action)
• HRS § 347-13, § 347-13.5 (blind/visually handicapped/disabled; suits) — https://www.animallaw.info/statute/hi-assistance-animal-assistance-animalguide-dog-laws
• Hawai'i Civil Rights Commission — Discrimination in Public Accommodations — https://labor.hawaii.gov/hcrc/
• 42 U.S.C. § 12182 (ADA Title III); § 12188 (enforcement); § 12205 (fees) — https://www.ada.gov/
• 28 C.F.R. Part 36; § 36.302(c) (service animals); § 36.303 (auxiliary aids); § 36.304 (barrier removal)
• 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 Hawai'i must review and customize this document before use. Verify all statutory citations and current law before relying on this template.