Public Accommodation Disability Access Request - North Carolina

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — NORTH CAROLINA

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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 North Carolina and federal law.

• North Carolina law. The North Carolina Persons with Disabilities Protection Act (NCPDPA), N.C. Gen. Stat. § 168A-6, makes it "a discriminatory practice for a person to deny a qualified person with a disability the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of a disabling condition." In the area of structural modifications, this section may be satisfied by compliance with the North Carolina Building Code.
• 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 "place of public accommodations" under N.C. Gen. Stat. § 168A-3(8).

II. The Requester and the Disability

The requester is a "qualified person with a disability" within the meaning of N.C. Gen. Stat. § 168A-3(7a) and § 168A-3(9)(b) (a person with a disability who can benefit from the goods or services provided by the place of public accommodation) and a person with a disability under 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/NCPDPA accessibility policy and train staff. [____]

V. Legal Obligations

Under North Carolina and federal law, this establishment must:

• Provide the full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations to qualified persons with disabilities (N.C. Gen. Stat. § 168A-6).
• Make reasonable accommodations — including making facilities accessible, redesigning equipment, and providing auxiliary aids and services — once a qualified person with a disability requests an accommodation or one is obvious, unless doing so would impose an undue hardship (N.C. Gen. Stat. §§ 168A-3(10)(b), 168A-4).
• 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 North Carolina Building Code accessibility standards, which may satisfy § 168A-6 as to structural modifications.

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:

• Civil action under the NCPDPA, N.C. Gen. Stat. § 168A-11, in the superior court of the county where the discriminatory practice occurred or where a party resides. The action is tried to the court without a jury. For a public-accommodation claim, relief is limited to declaratory and injunctive relief (§ 168A-11(b)); attorney's fees may be awarded in the court's discretion to the substantially prevailing party (§ 168A-11(d)).
• Civil action and/or DOJ complaint under ADA Title III, 42 U.S.C. § 12188, for injunctive relief plus attorney fees under § 12205. A DOJ complaint may be filed at ADA.gov. (Note the § 168A-11(c) election trap above before combining state and federal routes.)
• Assistance / mediation through the North Carolina Human Relations Commission (Department of Administration) and, for public-services accessibility disputes, the North Carolina Office on the Americans with Disabilities Act.

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

Signature Block

Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

North Carolina Practice Notes

• Enforcing/assisting bodies. The NCPDPA is enforced primarily through private civil action in superior court (§ 168A-11); there is no mandatory administrative-exhaustion route to a damages remedy as in some states. The North Carolina Human Relations Commission offers conciliation/assistance, and the NC Office on the Americans with Disabilities Act handles public-services accessibility dispute resolution (§ 168A-10.1). The U.S. DOJ handles federal ADA Title III complaints.
• Election-of-remedies / jurisdictional bar (§ 168A-11(c)). This is the dominant strategic feature. A North Carolina court lacks jurisdiction over a § 168A claim where the plaintiff has commenced federal ADA or Rehabilitation Act proceedings arising out of the same facts; if such federal proceedings are filed after the state action, the state court's jurisdiction ends and the action must be dismissed. A claimant must generally choose between the NCPDPA claim and a federal ADA action.
• Remedies — NO damages for public-accommodation claims. Section 168A-11(b) limits relief to declaratory and injunctive relief (back pay is available only in employment cases). There are no compensatory, statutory, or punitive damages under the NCPDPA for a public-accommodation claim. Attorney's fees are discretionary to the substantially prevailing party (§ 168A-11(d)). The federal ADA likewise provides only injunctive relief plus fees to private plaintiffs.
• No jury. NCPDPA actions are tried to the court without a jury (§ 168A-11(a)).
• Limitations. Two years for a public-accommodation (non-employment) claim from when the aggrieved person knew or should have known of the practice (§ 168A-12); 180 days for employment claims.
• Building Code safe harbor. As to structural modifications, compliance with the North Carolina Building Code may satisfy § 168A-6 (§ 168A-6).
• Standing / evidence. Document each visit and barrier with dated photographs and measurements; preserve receipts and witness information.

Sources and References

• N.C. Gen. Stat. Chapter 168A (Persons with Disabilities Protection Act) — https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_168a.html
• N.C. Gen. Stat. § 168A-6 (discrimination in public accommodations) — https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_168a/gs_168a-6.html
• N.C. Gen. Stat. § 168A-11 (civil action; relief; jurisdictional bar) — https://law.justia.com/codes/north-carolina/chapter-168a/section-168a-11/
• N.C. Gen. Stat. § 168A-12 (statute of limitations) — https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_168a/gs_168a-12.html
• North Carolina Human Relations Commission — https://www.doa.nc.gov/divisions/human-relations
• 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 North Carolina must review and customize this document before use. Verify all statutory citations and the § 168A-11(c) election-of-remedies bar before sending.