Public Accommodation Disability Access Request - Louisiana

LOUISIANA PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND

HEADER

I. INTRODUCTION AND LEGAL BASIS

1.1. This letter is a formal request and demand that [BUSINESS / ENTITY 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.

1.2. Louisiana law. Under La. R.S. 51:2247, it is a discriminatory practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement on the ground of disability (as defined in La. R.S. 51:2232), among other grounds. In addition, the Louisiana White Cane Law (La. R.S. 46:1951 et seq.) provides that no person with a disability may be denied admittance to any public facility, and guarantees the right to use a white cane, service dog, wheelchair, crutches, or other assistive device, including full public-access rights for service dogs (La. R.S. 46:1952–1953).

1.3. Federal law. Title III of the Americans with Disabilities Act, 42 U.S.C. § 12182(a), independently 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.

1.4. The Establishment is a "place of public accommodation, resort, or amusement" under La. R.S. 51:2232 and a "place of public accommodation" under 42 U.S.C. § 12181(7) because it is a [IDENTIFY CATEGORY — e.g., restaurant / hotel or lodging / retail store / service establishment / theater / recreation facility].

II. THE REQUESTER AND THE DISABILITY

2.1. Requester is an individual with a disability within the meaning of La. R.S. 51:2232 / La. R.S. 46:1952 (a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment, expressly including veterans with traumatic brain injury or PTSD) and 42 U.S.C. § 12102.

2.2. The nature of the disability is:

☐ Mobility disability (uses [wheelchair / scooter / walker / cane / crutches])
☐ Vision disability (blind / low vision)
☐ Hearing disability (deaf / hard of hearing)
☐ Speech disability
☐ Cognitive, intellectual, or psychiatric disability
☐ Disability requiring a service dog (incl. guide, hearing, mobility, seizure-alert, autism, or psychiatric service dog)
☐ Other: [DESCRIBE]

2.3. Requester [is a current patron / intends to patronize / was denied access on [__/__/____] / regularly attempts to use] the Establishment and intends to return.

III. THE PUBLIC ACCOMMODATION AND THE BARRIER OR DENIAL

3.1. On or about [__/__/____], Requester encountered the following barrier(s) to access at [LOCATION]:

☐ Physical / architectural barrier — [DESCRIBE — e.g., no accessible entrance or ramp, inaccessible restroom, no accessible parking, narrow aisles, high counter]
☐ Denied auxiliary aid / effective communication — [DESCRIBE — e.g., refused qualified interpreter, no captioning, no large-print/Braille/accessible electronic materials, inaccessible website or kiosk]
☐ Denied service animal access — [DESCRIBE — e.g., turned away with a service dog, demanded documentation/ID, charged a surcharge — note La. R.S. 46:1953 bars extra charges]
☐ Policy / practice barrier — [DESCRIBE — e.g., eligibility criteria screening out persons with disabilities, no-pets policy applied to a service dog, refusal of assistance]
☐ Refused reasonable modification — [DESCRIBE — refusal to modify a policy, procedure, or practice necessary for access]

3.2. Specific facts. [WHO did or said WHAT, WHEN, and WITNESSES. Attach dated photographs, measurements, receipts, or correspondence.]

IV. THE SPECIFIC ACCESS REQUESTED

4.1. Requester requests the following specific access / reasonable modification(s):

1. [SPECIFIC ACTION — e.g., install a compliant ramp at the [____] entrance]
2. [SPECIFIC ACTION — e.g., provide a qualified ASL interpreter for [____]]
3. [SPECIFIC ACTION — e.g., admit the service dog and rescind any surcharge]
4. [SPECIFIC ACTION — e.g., modify the [____] policy to permit [____]]
5. Adopt a written disability-access policy and train staff on ADA, La. R.S. 51:2247, and the White Cane Law.

4.2. The requested modifications are reasonable, necessary to afford equal access, and do not fundamentally alter the nature of the Establishment's goods or services; the requested barrier removal is readily achievable under 42 U.S.C. § 12182(b)(2)(A)(iv).

V. LEGAL OBLIGATIONS

5.1. Louisiana law. Under La. R.S. 51:2247, the Establishment may not deny the full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations on the ground of disability. Under the White Cane Law, the Establishment must admit a person with a disability accompanied by a service dog, may not impose extra charges (La. R.S. 46:1953), and may ask only the two ADA-permitted questions to verify a service animal.

5.2. ADA Title III. Under 42 U.S.C. § 12182(b)(2)(A) and 28 C.F.R. Part 36, the Establishment must: (i) make reasonable modifications to policies, practices, and procedures; (ii) furnish auxiliary aids and services for effective communication; (iii) permit service animals (28 C.F.R. § 36.302(c)); and (iv) remove architectural and communication barriers in existing facilities where readily achievable, or use readily achievable alternative methods.

VI. DEMAND AND RESPONSE DEADLINE

6.1. Requester demands that the Establishment confirm in writing, within [30 / 45 / 60] days of the date of this letter (no later than [__/__/____]), that it will provide the access described in Section IV and the date(s) by which each item will be completed.

6.2. Requester is willing to discuss a mutually agreeable solution and a reasonable schedule for any construction-related barrier removal.

VII. ESCALATION AND RESERVATION OF RIGHTS

7.1. Administrative complaint (Louisiana). If the Establishment does not respond satisfactorily, Requester may file a written, sworn complaint with the Louisiana Commission on Human Rights (LCHR) under La. R.S. 51:2257 within 180 days after the alleged unlawful practice. The LCHR investigates, makes a probable-cause determination within 30 days, and may pursue conciliation; the complainant may request a notice of right to file a civil action.

7.2. Civil action / civil remedies. Under La. R.S. 51:2264, any person injured by a violation of the Chapter has a civil cause of action in district court to enjoin further violations and to recover actual damages, court costs, and a reasonable attorney's fee, in addition to any other remedies in the Chapter. The Louisiana White Cane Law also provides separate penalties and a civil action for interference with a service dog (La. R.S. 46:1956).

7.3. Prescription (limitations). Louisiana treats discrimination claims as delictual. Courts have applied a one-year liberative prescription to La. R.S. 51:2247 claims (historically La. Civ. Code art. 3492). FLAG / VERIFY: Louisiana amended its general delictual prescriptive period to two years effective July 1, 2024 (Act 423, La. Civ. Code art. 3493.1) for causes of action arising on or after that date; confirm which period governs the specific facts and accrual date before relying on it. The 180-day administrative deadline (§ 51:2257) is separate from the prescriptive period for a civil action.

7.4. Federal route. Requester may file an ADA complaint with the U.S. Department of Justice (ADA.gov) and/or a private action under 42 U.S.C. § 12188 in the U.S. District Court for the [Eastern / Middle / Western] District of Louisiana. Title III private remedies are limited to injunctive relief plus attorney's fees and costs under 42 U.S.C. § 12205; the DOJ may seek civil penalties.

7.5. Reservation. Requester reserves all rights and remedies under La. R.S. Title 51, the White Cane Law, the ADA, and any applicable local ordinance. Nothing in this letter waives any claim or prescriptive period.

SIGNATURE

Respectfully,

[____________________]

[REQUESTER NAME / ATTORNEY NAME]
[Louisiana Bar Roll No. ______, if attorney]
[FIRM NAME, if any]
[ADDRESS]
[PHONE] / [EMAIL]

Attorney for / Requester

LOUISIANA PRACTICE NOTES

• Enforcing agency. The Louisiana Commission on Human Rights (LCHR) administers La. R.S. 51:2231 et seq. (the Louisiana Commission on Human Rights Act). The LCHR is small and historically under-resourced; many practitioners pursue the direct civil-remedy route under La. R.S. 51:2264 and/or the ADA.
• Protected ground. La. R.S. 51:2247 covers race, creed, color, religion, sex, age, disability, and national origin in public accommodations. (Sexual orientation/gender identity are not statewide protected classes; some municipalities, e.g., New Orleans, provide broader local protection.)
• Two statutory tracks plus the White Cane Law. A Louisiana access claim can rest on (1) La. R.S. 51:2247 (general public-accommodation discrimination), (2) the White Cane Law, La. R.S. 46:1951 et seq. (disability/service-dog public-access rights, with its own penalties and civil action in § 46:1956), and (3) ADA Title III. Cite all that apply.
• Administrative vs. court route. The 180-day LCHR complaint (§ 51:2257) is one option; the private civil action under § 51:2264 (injunction, actual damages, costs, attorney's fee) is available and is the more commonly used path. Administrative exhaustion is generally not a strict prerequisite for the § 51:2264 civil remedy, but confirm current case law.
• State damages / fees. La. R.S. 51:2264 authorizes actual damages, court costs, and a reasonable attorney's fee plus injunctive relief. There is no statutory-damages multiplier and no fixed cap; recovery is "actual damages."
• Prescription is unsettled post-2024. Confirm whether the historical 1-year delictual prescription or the new 2-year period (Act 423 of 2024) applies to the claim's accrual date. This is the most important verification point for a Louisiana filing.
• ADA interplay. ADA Title III gives private plaintiffs injunctive relief plus fees; pair it with § 51:2264 for actual damages.

SOURCES AND REFERENCES

• La. R.S. 51:2247 (public accommodations) — https://legis.la.gov/legis/Law.aspx?d=104291
• La. R.S. 51:2257 (complaints; procedure; 180-day filing) — https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-51-sect-2257/
• La. R.S. 51:2264 (civil remedies for injunction and damages) — https://legis.la.gov/legis/Law.aspx?d=104309
• La. R.S. 46:1951–1959 (Louisiana White Cane Law) — https://www.legis.la.gov/legis/Law.aspx?d=100501
• Louisiana Commission on Human Rights — https://gov.louisiana.gov/page/louisiana-commission-on-human-rights
• 42 U.S.C. § 12182; 42 U.S.C. § 12188; 28 C.F.R. Part 36 — https://www.ada.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 Louisiana must review and customize this document before use. Verify all statutory citations, agency procedures, and prescriptive periods (including the 2024 delictual-prescription change) before relying on this document.