Public Accommodation Disability Access Request - North Dakota

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — NORTH DAKOTA

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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 and facilities for persons with disabilities, as required by both North Dakota and federal law.

• North Dakota law. The North Dakota Human Rights Act (NDHRA), N.D.C.C. § 14-02.4-14(1), makes it a discriminatory practice for a person engaged in the provision of public accommodations "to fail to provide to a person access to the use of any benefit from the services and facilities of the public accommodations; or to give adverse, unlawful, or unequal treatment to a person" because of, among other things, physical or mental disability. Section 14-02.4-14(2) further requires the removal of an architectural or communication barrier "if removal is readily achievable," and otherwise the provision of goods and services "through alternative methods" that are readily achievable. A "public accommodation" is "every place, establishment, or facility … that caters or offers services, facilities, or goods to the general public for a fee, charge, or gratuity," excluding bona fide private clubs (§ 14-02.4-02(14)).
• 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 N.D.C.C. § 14-02.4-02(14).

II. The Requester and the Disability

The requester is a person with a "disability" within the meaning of N.D.C.C. § 14-02.4-02(5) (a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment) 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/NDHRA accessibility policy and train staff. [____]

V. Legal Obligations

Under North Dakota and federal law, this establishment must:

• Provide equal access to the use and benefit of its services and facilities, without adverse or unequal treatment because of disability (N.D.C.C. § 14-02.4-14(1)).
• Remove architectural and communication barriers where removal is "readily achievable," and otherwise make goods and services available through readily achievable alternative methods (N.D.C.C. § 14-02.4-14(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)).

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] 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 North Dakota Department of Labor and Human Rights (Division of Human Rights) under N.D.C.C. §§ 14-02.4-19 and 14-02.4-23. The Department investigates, emphasizes conciliation, and may issue a probable-cause determination and provide an administrative hearing.
• Civil action in district court under N.D.C.C. § 14-02.4-19(1), in the judicial district where the discriminatory practice occurred or where the requester would have obtained the public accommodation. A public-accommodation action must be filed within 180 days of the alleged act.
• Injunctive and equitable relief under N.D.C.C. § 14-02.4-20, plus, in the court's discretion, reasonable attorney's fees. Note: neither the Department nor a court may award compensatory or punitive damages under this chapter.
• 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.

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

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Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

North Dakota Practice Notes

• Enforcing agency. The North Dakota Department of Labor and Human Rights (Division of Human Rights) receives and investigates NDHRA complaints and emphasizes conciliation. The U.S. DOJ Disability Rights Section handles federal ADA Title III complaints.
• Admin vs. court — claimant's election. For public accommodations, a claimant may file a complaint with the Department or bring an action directly in district court (§ 14-02.4-19(1)). Choosing district court requires dismissal of any pending Department action on the same facts (§ 14-02.4-19(4)). If a complaint is first filed with the Department, an action in district court must be brought within 90 days of the Department's dismissal or written probable-cause determination (§ 14-02.4-19(3)).
• Short 180-day clock. The public-accommodation/public-services limitation is 180 days from the wrongdoing (§ 14-02.4-19(1)) — markedly shorter than the 300-day employment clock. Calendar this immediately.
• Statutory built-in ADA standard. The NDHRA public-accommodation section itself codifies a "readily achievable" barrier-removal duty and an "alternative methods" fallback (§ 14-02.4-14(2)), closely tracking ADA Title III.
• Remedies — NO compensatory or punitive damages. Relief under § 14-02.4-20 is injunctive/equitable with discretionary reasonable attorney's fees; neither the Department nor the court may order compensatory or punitive damages under this chapter. (Back pay, capped at two years, is available in employment cases, not public-accommodation cases.) The federal ADA likewise provides only injunctive relief plus fees to private plaintiffs.
• Bad-faith fee shift. If the court finds the complaint false and not made in good faith, it shall order the complainant to pay the respondent's costs and reasonable attorney's fees (§ 14-02.4-20). Vet the factual basis carefully.
• Standing / evidence. Document each visit and barrier with dated photographs and measurements; preserve receipts and witness information.

Sources and References

• N.D.C.C. ch. 14-02.4 (North Dakota Human Rights Act) — https://ndlegis.gov/cencode/t14c02-4.pdf
• N.D.C.C. § 14-02.4-14 (public accommodations — discriminatory practices; readily achievable barrier removal) — https://ndlegis.gov/cencode/t14c02-4.pdf
• N.D.C.C. § 14-02.4-19 (actions and limitations — 180 days for public accommodations) — https://ndlegis.gov/cencode/t14c02-4.pdf
• N.D.C.C. § 14-02.4-20 (relief — injunctive/equitable; attorney's fees; no compensatory or punitive damages) — https://ndlegis.gov/cencode/t14c02-4.pdf
• North Dakota Department of Labor and Human Rights — https://www.nd.gov/labor/
• ND public-accommodation discrimination complaint information — https://www.nd.gov/labor/discrimination-faq
• 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 Dakota must review and customize this document before use. Verify all statutory citations and the 180-day public-accommodation limitations period before sending.