Public Accommodation Disability Access Request - Missouri

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — MISSOURI

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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 Missouri and federal law.

• Missouri law. The Missouri Human Rights Act (MHRA), Mo. Rev. Stat. § 213.065, provides that all persons "are free and equal and shall be entitled to the full and equal use and enjoyment within this state of any place of public accommodation . . . without discrimination or segregation because of . . . disability," and makes it "an unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person . . . any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation . . . because of . . . disability."
• 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 Mo. Rev. Stat. § 213.010.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of Mo. Rev. Stat. § 213.010 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 Mo. Rev. Stat. § 213.010], 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 MHRA / ADA accessibility policy and train staff. [____]

V. Legal Obligations

Under Missouri and federal law, this establishment must:

• Provide full and equal use and enjoyment of the place of public accommodation under Mo. Rev. Stat. § 213.065, without discrimination because of disability.
• 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 (e.g., qualified interpreters, Braille or large-print materials) to ensure effective communication unless an undue burden results (42 U.S.C. § 12182(b)(2)(A)(iii)).
• Permit the use of service animals regardless of a "no pets" policy, consistent with 28 C.F.R. § 36.302(c).

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 Missouri Commission on Human Rights (MCHR) under Mo. Rev. Stat. § 213.075. Under MCHR practice a complaint is generally filed within 180 days of the alleged discriminatory act. Filing with the MCHR is a condition precedent to a civil action under the MHRA.
• Civil action under Mo. Rev. Stat. § 213.111 after issuance of a right-to-sue letter (available on written request once the Commission has not completed administrative processing within 180 days). The action must be filed within 90 days of the right-to-sue notice and no later than two years after the alleged cause occurred or was reasonably discovered. The court may grant injunctive relief, actual and punitive damages, and court costs and reasonable attorney's fees to a prevailing plaintiff, with a right to a jury trial.
• 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; monetary damages on the access claim are sought under the MHRA.)
• Complaint to the U.S. Department of Justice, Civil Rights Division (ADA.gov).

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

Signature Block

Respectfully,

[____________________]

[REQUESTER NAME / ATTORNEY NAME], [Missouri Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Missouri Practice Notes

• Enforcing agency. The Missouri Commission on Human Rights (MCHR), part of the Missouri Department of Labor, investigates MHRA complaints (including disability public-accommodation complaints under § 213.065) and issues right-to-sue letters. The MCHR's materials note that the MHRA "incorporates the ADA." The U.S. DOJ Disability Rights Section handles federal ADA Title III complaints.
• Exhaustion required. Unlike California's Unruh Act or Michigan's PWDCRA, the MHRA requires administrative exhaustion: a claimant must file with the MCHR and obtain a right-to-sue letter before suing under § 213.111. File the MCHR complaint within 180 days of the discriminatory act.
• Admin-to-court route. After 180 days from filing, if the Commission has not completed processing, the aggrieved person may request a right-to-sue letter in writing; the civil action must then be filed within 90 days of the notice and no later than two years after the cause accrued or was reasonably discovered (§ 213.111.1).
• Remedies. Section 213.111.2 allows injunctive relief, actual and punitive damages, court costs, and reasonable attorney's fees to a prevailing plaintiff. There is no fixed per-visit statutory-damages figure like California's Unruh Act.
• Damages caps — flag. The MHRA damages caps in § 213.111.4 (the sum of actual plus punitive damages capped at $50,000 / $100,000 / $200,000 / $500,000) are expressly keyed to the respondent's number of employees "in each of twenty or more calendar weeks." Those tiers are framed for employment cases, and their application to a non-employer public-accommodation defendant is unsettled; confirm how (or whether) the cap applies before relying on it. SB 43 (effective Aug. 28, 2017) and SB 591 (2020) also tightened causation/"motivating factor" standards and the punitive-damages standard.
• Limitations. MCHR filing: 180 days. Civil action: 90 days after right-to-sue, but no later than two years after accrual/discovery. ADA Title III borrows Missouri's general personal-injury period (commonly five years, Mo. Rev. Stat. § 516.120) — confirm the period for the specific claim. Document each barrier with dated photographs and measurements.

Sources and References

• Mo. Rev. Stat. § 213.065 (public-accommodation discrimination) — https://revisor.mo.gov/main/OneSection.aspx?section=213.065
• Mo. Rev. Stat. § 213.010 (definitions) — https://revisor.mo.gov/main/OneSection.aspx?section=213.010
• Mo. Rev. Stat. § 213.075 (filing a complaint with the MCHR) — https://revisor.mo.gov/main/OneSection.aspx?section=213.075
• Mo. Rev. Stat. § 213.111 (right to civil action; relief; damages caps) — https://revisor.mo.gov/main/OneSection.aspx?section=213.111
• 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
• Missouri Commission on Human Rights — https://labor.mo.gov/mohumanrights
• 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 Missouri must review and customize this document before use. Verify all statutory citations, the MCHR filing/exhaustion requirements, and the applicability of the § 213.111.4 damages caps to a public-accommodation defendant before sending.