Public Accommodation Disability Access Request - Maryland

MARYLAND PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND

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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 accommodations, advantages, facilities, and privileges to [REQUESTER NAME] ("Requester"), a person with a disability.

1.2. Maryland law. Under Md. Code, State Gov't § 20-304, an owner or operator of a place of public accommodation, or an agent or employee, may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the place of public accommodation because of the person's disability (among other protected traits).

1.3. Federal law. Title III of the Americans with Disabilities Act, 42 U.S.C. § 12182(a), independently prohibits disability discrimination 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" under Md. Code, State Gov't § 20-301/§ 20-303 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 or department store / service establishment / theater / recreation or aquatic center / amusement park].

II. THE REQUESTER AND THE DISABILITY

2.1. Requester is an individual with a disability within the meaning of Md. Code, State Gov't § 20-101 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 animal
☐ 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 animal, demanded documentation, charged a surcharge]
☐ Policy / practice barrier — [DESCRIBE — e.g., eligibility criteria screening out persons with disabilities, no-pets policy applied to a service animal, refusal of assistance]
☐ Refused reasonable modification — [DESCRIBE — refusal to modify a policy, practice, or procedure 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 animal 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 and Maryland public-accommodation obligations.

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

V. LEGAL OBLIGATIONS

5.1. Maryland law. Under Md. Code, State Gov't § 20-304, the Establishment may not refuse, withhold from, or deny any of its accommodations, advantages, facilities, or privileges because of disability. Where the Commission finds a violation, § 20-1009(c) (as amended in 2024) authorizes an order including the provision of a reasonable accommodation and compensatory damages.

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. Notice of corrective-action significance. Under Md. Code, State Gov't § 20-1016(c) (eff. Oct. 1, 2024), the Commission may not seek monetary relief where the discriminatory act was limited to an accessibility violation, the respondent takes prompt corrective action after being served, and there is no prior complaint. Prompt corrective action in response to this letter is therefore in the Establishment's interest.

VII. ESCALATION AND RESERVATION OF RIGHTS

7.1. Administrative complaint (Maryland). If the Establishment does not respond satisfactorily, Requester may file a complaint with the Maryland Commission on Civil Rights (MCCR) under Md. Code, State Gov't § 20-1004. A complaint alleging public-accommodation discrimination must be filed with the MCCR within six (6) months of the alleged discriminatory act. The MCCR investigates, may find probable cause, and may proceed before an administrative law judge or, upon election, to a civil action brought by the Commission (§ 20-1006, § 20-1007, § 20-1012).

7.2. Private civil action (new in 2024). Under Md. Code, State Gov't § 20-1013 (added by 2024 Md. Laws ch. 344 / SB 666, eff. Oct. 1, 2024), a complainant may bring a civil action for discrimination by a place of public accommodation if: (i) the complainant first filed a timely administrative charge/complaint; (ii) at least 180 days have elapsed; and (iii) the action is filed within 2 years of the act (or 3 years if alleging harassment). The civil action is filed in the circuit court for the county where the discrimination occurred, and filing it terminates the pending MCCR proceeding.

7.3. State remedies / damages. For public-accommodation discrimination the court/ALJ may enjoin the conduct, order affirmative relief including the provision of a reasonable accommodation, and award compensatory damages for pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses (§ 20-1009(c)). A court may also award punitive damages if the respondent is not a governmental unit and acted with actual malice (§ 20-1013(e)). Note the accessibility-violation carve-out in § 20-1016(c) that bars Commission monetary relief where prompt corrective action is taken on a first, accessibility-only violation; the interaction of this carve-out with a private § 20-1013 action is new and should be confirmed.

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 District of Maryland. 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. Local laws. Montgomery County, Prince George's County, Baltimore City, and Howard County, among others, have their own human-relations laws and commissions that may provide additional remedies; confirm whether a local public-accommodations law applies.

7.6. Reservation. Requester reserves all rights and remedies under Md. Code, State Gov't Title 20, the ADA, and any applicable local law. Nothing in this letter waives any claim or limitations period.

SIGNATURE

Sincerely,

[____________________]

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

Attorney for / Requester

MARYLAND PRACTICE NOTES

• Enforcing agency. The Maryland Commission on Civil Rights (MCCR) administers Md. Code, State Gov't Title 20.
• Protected classes (broad). § 20-304 protects race, sex, age, color, creed, national origin, marital status, sexual orientation, gender identity, and disability in places of public accommodation.
• 2024 reform is the headline. Md. Laws 2024, ch. 344 (SB 666), eff. Oct. 1, 2024 transformed Maryland public-accommodation enforcement: it created a private civil action (§ 20-1013), allowed complainant/respondent/Commission election to a civil action brought by the Commission (§ 20-1007, § 20-1012), expanded administrative remedies to include compensatory damages and ordered reasonable accommodations (§ 20-1009(c)), repealed the old civil-penalty-to-the-State scheme in favor of monetary relief paid to the complainant (§ 20-1016), and added the accessibility-violation/prompt-corrective-action carve-out (§ 20-1016(c)).
• Administrative vs. court route. File with the MCCR within 6 months; a private civil action under § 20-1013 requires a prior administrative filing, 180 days elapsed, and filing within 2 years (3 for harassment), with the limitations tolled while the charge is pending.
• State damages / fees. Compensatory damages (uncapped category list under § 20-1009(c) for public accommodations), punitive damages with actual malice (§ 20-1013(e)), injunctive and affirmative relief including a reasonable accommodation; jury trial available when compensatory/punitive damages are sought (§ 20-1013(f)). Administrative monetary-relief tiers (e.g., $1,000 / $2,000 / $3,000, with up to $25,000 for an agent/employee act) appear in § 20-1016. Confirm fee-shifting authority for the specific posture.
• Accessibility carve-out — practical effect. Because § 20-1016(c) bars Commission monetary relief for a first, accessibility-only violation that the respondent promptly cures, a well-documented demand letter that the business ignores helps establish that corrective action was NOT prompt, preserving the monetary remedy. Send and document the demand carefully.
• ADA interplay. Plead both § 20-304 (now with damages) and ADA Title III (for injunctive/barrier-removal relief and federal fee-shifting).

SOURCES AND REFERENCES

• Md. Code, State Gov't § 20-304 (prohibited acts) — https://law.justia.com/codes/maryland/state-government/title-20/subtitle-3/section-20-304/
• 2024 Md. Laws ch. 344 (SB 666) — public accommodations enforcement & monetary relief — https://mgaleg.maryland.gov/2024RS/chapters_noln/Ch_344_sb0666E.pdf
• Md. Code, State Gov't § 20-1013 (private civil action) — https://law.justia.com/codes/maryland/state-government/title-20/subtitle-10/part-i/section-20-1013/
• Maryland Commission on Civil Rights — Public Accommodations — https://mccr.maryland.gov/know-your-rights/public-accommodations
• 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 Maryland must review and customize this document before use. Verify all statutory citations, agency procedures, and limitations periods (including the 2024 SB 666 reforms) before relying on this document.