Public Accommodation Disability Access Request - Indiana

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND — INDIANA

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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 "public accommodation" under Ind. Code § 22-9-1-3 — an establishment that caters or offers its services, facilities, or goods to the general public — and a "place of public accommodation" under 42 U.S.C. § 12181(7), specifically a [IDENTIFY CATEGORY — e.g., restaurant, hotel/lodging, retail store, service establishment, theater, place of recreation, health-care provider's office].

The following laws apply:

• Indiana law. The Indiana Civil Rights Law (ICRL), Ind. Code § 22-9-1, declares equal access to and use of public accommodations a civil right and makes denial of that right because of disability a "discriminatory practice" (Ind. Code § 22-9-1-2, § 22-9-1-3). The Indiana Civil Rights Commission (ICRC) investigates and adjudicates complaints. Ind. Code § 16-32-3-2 guarantees service-animal access to public accommodations (refusal is a Class C infraction); Ind. Code § 16-32-3-3 provides white-cane protections.
• 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 the Indiana Civil Rights Law.

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 Indiana and ADA obligations.

V. LEGAL OBLIGATIONS

Indiana. Ind. Code § 22-9-1-2 and § 22-9-1-3 make denial of equal access to and use of a public accommodation because of disability a discriminatory practice. Ind. Code § 16-32-3-2 requires the Establishment to admit a person accompanied by a service animal without extra charge (refusal is a Class C infraction); Ind. Code § 16-32-3-3 protects blind pedestrians using a white cane or service animal.

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 Indiana Civil Rights Commission (ICRC) under the Indiana Civil Rights Law. A complaint generally must be filed within the ICRC's deadline (commonly 180 days of the discriminatory act for matters dual-filed with the EEOC/HUD; confirm the applicable public-accommodation deadline with counsel). After investigation and, if warranted, a public hearing, the ICRC may order the Establishment to cease the discriminatory practice and to take affirmative/make-whole action to remedy it.
• Class C infraction enforcement under Ind. Code § 16-32-3-2 for refusing service-animal access.
• 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 Indiana 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]

[Indiana Attorney No. ______ (if attorney)]

[FIRM NAME (if applicable)]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

Date: [__/__/____]

INDIANA PRACTICE NOTES

• State statute and agency. The Indiana Civil Rights Law (ICRL), Ind. Code § 22-9-1, declares equal access to and use of public accommodations a civil right and lists disability as a protected basis (§ 22-9-1-2). The Indiana Civil Rights Commission (ICRC) investigates and adjudicates complaints (§ 22-9-1-6). "Public accommodation" is broadly defined as an establishment that caters or offers services, facilities, or goods to the general public.
• Tracks the ADA. Indiana courts and the ICRC apply the ICRL's disability provisions consistently with the ADA; the ADA supplies the substantive standards for barrier removal, reasonable modification, and auxiliary aids.
• Admin vs. court route. Enforcement runs primarily through the ICRC administrative process (complaint, investigation, conciliation, public hearing), with judicial involvement chiefly on review or enforcement of ICRC orders. The ICRL is widely regarded as having limited private-court remedies for public-accommodation claims, so practitioners commonly pair the ICRC complaint with a federal ADA Title III suit. Confirm the exact public-accommodation filing deadline (often 180 days) and any direct-action option with counsel.
• State statutory damages — limited. Indiana does not provide an Unruh-style statutory-damages remedy. ICRC relief is principally equitable and make-whole (cease-and-desist, affirmative action). Indiana is effectively ADA-primary for monetary leverage; recovery in federal court is injunctive relief plus attorney's fees under 42 U.S.C. § 12205.
• Service animals / white cane. Ind. Code § 16-32-3-2 guarantees service-animal access to public accommodations without extra charge and makes refusal (or charging a fee for the animal) a Class C infraction; § 16-32-3-3 protects blind pedestrians using a white cane or service animal. These parallel 28 C.F.R. § 36.302(c).
• ADA interplay / standards. Indiana accessibility/construction requirements generally follow the 2010 ADA Standards. Use the ADA claim for injunctive relief and federal fees.
• Standing (ADA). A private ADA plaintiff must show a real and immediate threat of future injury (intent to return or deterrent effect).
• Unsettled point. The availability and scope of any private damages action under the ICRL for public-accommodation disability claims is not robustly developed; verify before relying on a state damages theory.

SOURCES AND REFERENCES

• Ind. Code § 22-9-1-2 (public policy; public accommodations) — https://www.in.gov/icrc/files/ch1.pdf
• Ind. Code § 22-9-1-3 (definitions, including "public accommodation") — https://codes.findlaw.com/in/title-22-labor-and-safety/in-code-sect-22-9-1-3/
• Ind. Code § 16-32-3-2 (service animals; public accommodations) and § 16-32-3-3 (white cane) — https://statecodesfiles.justia.com/indiana/2015/title-16/article-32/chapter-3/chapter-3.pdf
• Indiana Civil Rights Commission — https://www.in.gov/icrc/
• 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 Indiana must review and customize this document before use. Verify all statutory citations and current law before relying on this template.