Public Accommodation Disability Access Request - Illinois

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND — ILLINOIS

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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 775 ILCS 5/5-101(A) and 42 U.S.C. § 12181(7), specifically a [IDENTIFY CATEGORY — e.g., restaurant or bar; hotel/lodging; retail/sales or rental establishment; service establishment; theater or place of entertainment; place of public gathering; place of recreation; professional office of a health care provider].

The following laws apply:

• Illinois law. The Illinois Human Rights Act (IHRA), 775 ILCS 5/5-102, makes it a civil rights violation to deny or refuse a person, on the basis of unlawful discrimination (including disability — 775 ILCS 5/1-103), the full and equal enjoyment of the facilities, goods, and services of any place of public accommodation. The Illinois Department of Human Rights (IDHR) enforces the Act. The Illinois White Cane Law (720 ILCS 630/0.01 et seq.) protects access for persons who are blind, deaf, or physically disabled, including service-animal access.
• 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 775 ILCS 5/1-103.

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 Illinois and ADA obligations.

V. LEGAL OBLIGATIONS

Illinois. 775 ILCS 5/5-102 makes it a civil rights violation to deny the Requester the full and equal enjoyment of the Establishment's facilities, goods, and services on the basis of disability, or to fail to make reasonable modifications and provide necessary auxiliary aids. The Illinois White Cane Law (720 ILCS 630) protects service-animal and white-cane access.

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:

• Charge with the Illinois Department of Human Rights (IDHR) under the IHRA. A public-accommodation charge must be filed within 2 years of the alleged civil rights violation (775 ILCS 5/7A-102(A)). After investigation, the complainant may file a complaint with the Illinois Human Rights Commission (IHRC) or commence a civil action in the appropriate circuit court (775 ILCS 5/7A-102(G)).
• Relief under 775 ILCS 5/8A-104, including a cease-and-desist order, admission to the public accommodation and full and equal enjoyment of goods/services/facilities, actual damages, reasonable attorney's fees, expert-witness fees, and costs, make-whole relief with interest, and civil penalties to vindicate the public interest of up to $16,000 (no prior violation), $42,500 (one prior within 5 years), or $70,000 (two or more within 7 years).
• 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 Illinois 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]

[Illinois ARDC No. ______ (if attorney)]

[FIRM NAME (if applicable)]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

Date: [__/__/____]

ILLINOIS PRACTICE NOTES

• State statute and agency. The Illinois Human Rights Act (IHRA), 775 ILCS 5/5-101 to 5/5-102, prohibits disability discrimination in places of public accommodation. The Illinois Department of Human Rights (IDHR) investigates charges; the Illinois Human Rights Commission (IHRC) adjudicates complaints.
• Broad protected classes. Under the IHRA, public-accommodation protections cover (among others) race, color, religion, sex, sexual harassment, national origin, ancestry, military status, age (40+), order-of-protection status, disability (physical and mental), marital status, sexual orientation (including gender-related identity), pregnancy, and unfavorable military discharge.
• Admin vs. court route. A public-accommodation charge must be filed with IDHR within 2 years of the violation (775 ILCS 5/7A-102(A)). The IDHR serves notices informing the complainant of the right to file a complaint with the IHRC or commence a civil action in circuit court (775 ILCS 5/7A-102(B), (G)). Watch the time limits stated in those notices.
• State remedies / penalties. 775 ILCS 5/8A-104 authorizes cease-and-desist orders, admission/full-and-equal-enjoyment orders, actual damages, attorney's and expert-witness fees and costs, make-whole relief with interest, and civil penalties of up to $16,000 / $42,500 / $70,000 depending on prior adjudicated violations. (The IHRA does not set a fixed per-violation statutory-damages floor like the Unruh Act, but actual damages plus penalties and fees are available.)
• Service animals / white cane. The Illinois White Cane Law (720 ILCS 630) protects access for persons who are blind, deaf, or physically disabled, including service-animal access, in parallel with 28 C.F.R. § 36.302(c).
• ADA interplay. Use the ADA Title III claim for injunctive relief and federal attorney's fees; use the IHRA for actual damages, civil penalties, and state fee-shifting. Illinois accessibility/construction standards generally follow the 2010 ADA Standards.
• 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

• 775 ILCS 5/5-101 (definition of place of public accommodation) — https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-5-5-101/
• 775 ILCS 5/8A-104 (relief; penalties) — https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K8A-104.htm
• 775 ILCS 5/7A-102 (charge procedure; 2-year filing) — https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K7A-102.htm
• Illinois Department of Human Rights — Public Accommodations — https://dhr.illinois.gov/filing-a-charge/public-accommodations.html
• 720 ILCS 630 (Illinois White Cane Law)
• 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 Illinois must review and customize this document before use. Verify all statutory citations and current law before relying on this template.