Public Accommodation Disability Access Request - Michigan

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — MICHIGAN

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I. Introduction and Legal Basis

This letter is a formal request and demand that [BUSINESS / PUBLIC ACCOMMODATION] provide equal access to its goods, services, facilities, privileges, advantages, and accommodations for persons with disabilities, as required by both Michigan and federal law.

• Michigan law. The Persons with Disabilities Civil Rights Act (PWDCRA), MCL § 37.1102(1), guarantees "full and equal utilization of public accommodations, public services, and educational facilities without discrimination because of a disability" as a civil right, and § 37.1102(2) requires a person to accommodate a person with a disability "unless the person demonstrates that the accommodation would impose an undue hardship." Under MCL § 37.1302(a), a person shall not "[d]eny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation or public service because of a disability." The Elliott-Larsen Civil Rights Act (ELCRA), MCL § 37.2301 et seq., uses parallel public-accommodation definitions.
• Federal law. ADA Title III, 42 U.S.C. § 12182(a), prohibits discrimination "on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation." Implementing regulations appear at 28 C.F.R. Part 36, incorporating the 2010 ADA Standards for Accessible Design.

This establishment is a "place of public accommodation" under 42 U.S.C. § 12181(7) and under MCL § 37.1301(a).

II. The Requester and the Disability

The requester is a person with a disability within the meaning of MCL § 37.1103(d) and 42 U.S.C. § 12102. The nature of the disability and resulting limitation is:

☐ Mobility disability (uses [wheelchair / scooter / walker / cane / other])
☐ Visual disability (blind / low vision)
☐ Hearing disability (deaf / hard of hearing)
☐ Speech disability
☐ Disability requiring a service animal
☐ Other disability: [____]

Functional limitation relevant to access: [____]

III. The Public Accommodation and the Barrier / Denial

On or about [__/__/____], the requester [visited / attempted to use / contacted] [FACILITY] at [ADDRESS], which operates as a [restaurant / hotel / retail store / medical office / theater / other category under 42 U.S.C. § 12181(7) and MCL § 37.1301(a)], and encountered the following barrier(s) to access:

Additional detail: [____]

IV. The Specific Access Requested

The requester demands the following specific corrective action(s):

1. [SPECIFIC MODIFICATION / BARRIER REMOVAL — e.g., install compliant ramp, designate van-accessible parking, lower service counter] [____]
2. [PROVIDE AUXILIARY AID — e.g., qualified interpreter, accessible electronic documents] [____]
3. [POLICY MODIFICATION — e.g., admit service animal, modify "no pets" or queueing policy] [____]
4. Adopt a written PWDCRA / ADA accessibility policy and train staff. [____]

V. Legal Obligations

Under Michigan and federal law, this establishment must:

• Provide full and equal utilization of the place of public accommodation under MCL § 37.1102 and § 37.1302, a civil right.
• Accommodate a person with a disability unless doing so would impose an undue hardship (MCL § 37.1102(2)).
• Remove architectural barriers in existing facilities where removal is "readily achievable" (42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304).
• Make reasonable modifications to policies, practices, and procedures unless doing so would fundamentally alter the nature of the goods or services (42 U.S.C. § 12182(b)(2)(A)(ii)).
• Provide auxiliary aids and services to ensure effective communication unless an undue burden results (42 U.S.C. § 12182(b)(2)(A)(iii)).
• Comply with the Michigan barrier-free design / building code accessibility requirements applicable to the facility.

VI. Demand and Response Deadline

The requester demands written confirmation of corrective action, or a good-faith plan and timeline to achieve it, within [30/45/60] days of receipt of this letter, by [__/__/____].

VII. Escalation and Reservation of Rights

If the establishment fails to provide the requested access by the deadline, the requester reserves the right to pursue all available remedies, including:

• Administrative complaint to the Michigan Department of Civil Rights (MDCR) / Michigan Civil Rights Commission, which investigates disability public-accommodation discrimination under the PWDCRA and ELCRA.
• Civil action under MCL § 37.1606, which authorizes a person alleging a PWDCRA violation to bring suit "for appropriate injunctive relief or damages, or both," in the circuit court for the county where the violation occurred or where the respondent resides or has its principal place of business. Under § 37.1606(3), "damages" includes reasonable attorneys' fees.
• Injunctive relief and civil action under ADA Title III, 42 U.S.C. § 12188, plus attorney's fees under § 12205. (Federal Title III private plaintiffs are limited to injunctive relief and fees; compensatory damages on the access claim are available under Michigan's PWDCRA.)
• Complaint to the U.S. Department of Justice, Civil Rights Division (ADA.gov).

This letter is sent without waiver of any right or remedy.

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Respectfully,

[____________________]

[REQUESTER NAME / ATTORNEY NAME], [Michigan Bar No. P______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Michigan Practice Notes

• Enforcing agency. The Michigan Department of Civil Rights (MDCR), acting for the Michigan Civil Rights Commission, investigates and conciliates disability public-accommodation complaints under both the PWDCRA (MCL § 37.1301 et seq.) and the Elliott-Larsen Civil Rights Act (MCL § 37.2301 et seq.). The U.S. DOJ Disability Rights Section handles federal ADA Title III complaints.
• Two state statutes. The PWDCRA is Michigan's dedicated disability statute and is the principal vehicle for an access claim; ELCRA uses nearly identical public-accommodation definitions (MCL § 37.2301) but covers other protected classes. Plead under the PWDCRA for disability-based public-accommodation discrimination.
• Admin vs. court route — no exhaustion. Michigan permits a claimant to file an MDCR administrative complaint or to proceed directly to circuit court under MCL § 37.1606; administrative exhaustion is generally not a prerequisite to a PWDCRA civil suit.
• Remedies. MCL § 37.1606 authorizes injunctive relief and/or damages, and damages include reasonable attorneys' fees (§ 37.1606(3)). Unlike the federal ADA, the PWDCRA allows compensatory damages on the access claim. Michigan does not provide a fixed per-violation statutory-damages figure for public-accommodation claims (contrast California's Unruh Act).
• Pre-suit accommodation notice. MCL § 37.1606(5) bars a civil action for failure to accommodate "unless [the claimant] has notified the person of the need for accommodation as required under section 210(18)." Section 210 is framed in the employment (Article 2) context; confirm whether and how any notice obligation applies to a public-accommodation access claim before filing.
• Limitations. Michigan applies the general 3-year personal-injury limitations period (MCL § 600.5805) to civil-rights damages claims, including PWDCRA claims; ADA Title III also borrows Michigan's 3-year period. Confirm the applicable period for the specific claim. Document each barrier with dated photographs and measurements.

Sources and References

• MCL § 37.1102 (PWDCRA — civil right; duty to accommodate) — https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-1102
• MCL § 37.1301 / § 37.1302 / § 37.1303 (PWDCRA Article 3 — public accommodations) — https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-1301
• MCL § 37.1606 (PWDCRA — civil action; damages include attorneys' fees) — https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-1606
• MCL § 37.2301 (Elliott-Larsen Civil Rights Act — public accommodations) — https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-2301
• MCL § 600.5805 (limitations — injuries to persons) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5805
• 42 U.S.C. § 12182 (ADA Title III) — https://www.ada.gov/
• 28 C.F.R. Part 36 (DOJ Title III regulations; 2010 ADA Standards) — https://www.ecfr.gov/current/title-28/chapter-I/part-36
• Michigan Department of Civil Rights — https://www.michigan.gov/mdcr
• 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 Michigan must review and customize this document before use. Verify all statutory citations, the applicable limitations period, and any pre-suit accommodation-notice requirement before sending.