Public Accommodation Disability Access Request - Montana

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — MONTANA

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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 services, goods, facilities, advantages, and privileges for persons with disabilities, as required by both Montana and federal law.

• Montana law. The Montana Human Rights Act, Mont. Code Ann. § 49-2-304, makes it an unlawful discriminatory practice for the owner, lessee, manager, agent, or employee of a public accommodation to "refuse, withhold from, or deny to a person any of its services, goods, facilities, advantages, or privileges" because of physical or mental disability (among other protected characteristics), except when a distinction is based on reasonable grounds. Montana separately guarantees persons with disabilities the right to be accompanied by a service animal in places of public accommodation under Mont. Code Ann. § 49-4-214.
• 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 a "public accommodation" under Mont. Code Ann. § 49-2-101.

II. The Requester and the Disability

The requester is a person with a physical or mental disability within the meaning of Mont. Code Ann. § 49-2-101 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 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 ADA/Montana Human Rights Act accessibility policy and train staff. [____]

V. Legal Obligations

Under Montana and federal law, this establishment must:

• Refrain from refusing, withholding, or denying services, goods, facilities, advantages, or privileges because of disability, except on reasonable grounds (Mont. Code Ann. § 49-2-304).
• Permit access by service animals accompanying a person with a disability (Mont. Code Ann. § 49-4-214).
• 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)).

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 Montana Human Rights Bureau (Department of Labor & Industry) under Mont. Code Ann. § 49-2-501. Such a complaint must be filed within 180 days of the discriminatory act. Available relief includes injunctive and affirmative relief and actual damages; the Human Rights Act does not authorize a fixed statutory-damages-per-offense award or (before the agency) punitive damages.
• District court action following exhaustion of the Human Rights Act administrative process (Mont. Code Ann. § 49-2-512), or judicial review of the Commission's decision.
• Civil action under ADA Title III, 42 U.S.C. § 12188, for injunctive relief and attorney fees and costs under 42 U.S.C. § 12205. (Private ADA Title III plaintiffs cannot recover damages; the U.S. Department of Justice may seek civil penalties.)
• Administrative 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], [Mont. State Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Montana Practice Notes

• Enforcing agency. The Montana Human Rights Bureau (HRB), within the Department of Labor & Industry, investigates and conciliates Human Rights Act complaints; contested cases proceed before the Human Rights Commission. The DOJ Disability Rights Section handles federal ADA Title III complaints.
• Administrative exhaustion is the rule. Unlike California (no exhaustion) or New Jersey (election of forum), Montana generally requires a claimant to file with the Human Rights Bureau first and exhaust the administrative process before proceeding in district court (Mont. Code Ann. § 49-2-512). A direct district court filing on a Human Rights Act claim is ordinarily barred absent exhaustion. Confirm the current procedure and any narrow exceptions.
• Filing deadline. A Human Rights Act complaint must be filed within 180 days after the alleged discriminatory practice occurred or was discovered (Mont. Code Ann. § 49-2-501). This is a short window — calendar it immediately.
• Remedies / no statutory damages. Montana provides equitable and affirmative relief plus actual damages; it does not provide a per-offense statutory-damages bounty comparable to California's Unruh Act. Emotional-distress damages may be available; punitive damages are generally unavailable in the administrative forum. Confirm the scope of damages and any attorney-fee entitlement for the chosen forum.
• ADA overlay. Federal ADA Title III provides only injunctive relief and attorney fees to private plaintiffs (no damages), but is the primary vehicle for compelling barrier removal and effective communication. Document each barrier with dated photographs and measurements.
• Unsettled points to flag. The precise interaction between the 180-day administrative deadline and any separate limitations period for a parallel ADA action (which borrows Montana's personal-injury limitations period) should be confirmed, as should the availability of emotional-distress and attorney-fee awards in a Human Rights Bureau proceeding versus district court.

Sources and References

• Mont. Code Ann. § 49-2-304 (discrimination in public accommodations) — https://leg.mt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0040/0490-0020-0030-0040.html
• Mont. Code Ann. Title 49, ch. 2 (Montana Human Rights Act) — https://leg.mt.gov/bills/mca/title_0490/chapter_0020/parts_index.html
• Mont. Code Ann. § 49-4-214 (service animals in public accommodations) — https://leg.mt.gov/bills/mca/title_0490/chapter_0040/parts_index.html
• Montana Human Rights Bureau (file a complaint) — https://erd.dli.mt.gov/human-rights/
• 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
• 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 Montana must review and customize this document before use. Verify all statutory citations and the Human Rights Bureau filing deadline before sending.