Public Accommodation Disability Access Request - Nebraska

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — NEBRASKA

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

• Nebraska law. Under Neb. Rev. Stat. § 20-132, all persons within Nebraska are "entitled to a full and equal enjoyment of any place of public accommodation . . . without discrimination or segregation on the grounds of . . . disability." Section 20-133 defines places of public accommodation broadly (inns, restaurants, gas stations, places of entertainment, and public facilities). Neb. Rev. Stat. § 20-134 makes it a discriminatory practice for any person to "refuse, withhold from, [or] deny" any accommodations, advantages, facilities, services, or privileges on the basis of disability. Nebraska's White Cane Law (Neb. Rev. Stat. §§ 20-126 to 20-130) further guarantees persons with disabilities equal access to public places and the right to be accompanied by a service animal.
• 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 Neb. Rev. Stat. § 20-133.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of Neb. Rev. Stat. § 20-126.01 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 Neb. Rev. Stat. § 20-133], 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 / Nebraska public-accommodations accessibility policy and train staff. [____]

V. Legal Obligations

Under Nebraska and federal law, this establishment must:

• Provide full and equal enjoyment of its accommodations, advantages, facilities, services, and privileges without discrimination on the basis of disability (Neb. Rev. Stat. §§ 20-132, 20-134).
• Permit access by service animals accompanying a person with a disability (Neb. Rev. Stat. §§ 20-127 to 20-129).
• 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 Nebraska Equal Opportunity Commission (NEOC) under Neb. Rev. Stat. §§ 20-132 to 20-143. The NEOC investigates, conciliates, and may hold hearings on public-accommodation discrimination complaints. Confirm the current filing deadline before relying on it.
• Civil action for injunctive and affirmative relief and attorney fees as authorized by the public-accommodations enforcement provisions (Neb. Rev. Stat. §§ 20-140 to 20-143). Nebraska's public-accommodations law does not provide a fixed statutory-damages-per-offense award comparable to California's Unruh Act.
• 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.

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Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Nebraska Practice Notes

• Enforcing agency. The Nebraska Equal Opportunity Commission (NEOC) administers the public-accommodations provisions of Nebraska's Civil Rights Act (Neb. Rev. Stat. §§ 20-132 to 20-143). The DOJ Disability Rights Section handles federal ADA Title III complaints.
• Statutory architecture. The public-accommodations right (§ 20-132), the broad definition of covered places (§ 20-133), the prohibition on refusing/withholding/denying access (§ 20-134), the anti-aiding (§ 20-135) and anti-retaliation (§ 20-136) provisions, and the private-club exemption (§ 20-138) are the core provisions. Enforcement, remedies, and the NEOC's authority are in the later sections of the same group (§§ 20-140 to 20-143) — verify the exact section numbers and remedy language, which have been amended over time.
• Admin vs. court route. Nebraska channels public-accommodation discrimination claims primarily through the NEOC. Confirm whether and when a claimant may proceed directly to district court, the applicable filing deadline before the NEOC, and the limitations period for any civil action — these are easy to misstate and should be checked against the current statute and NEOC rules.
• Remedies / no statutory damages. Relief is primarily equitable and affirmative (cease-and-desist, access) with limited damages and possible attorney fees; there is no California-style per-offense statutory-damages bounty. Section 20-134 frames a violation as a "discriminatory practice" subject to penalty.
• 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 scope of monetary relief available through the NEOC versus a court action, the applicable limitations periods, and the interaction with the federal ADA limitations period (which borrows Nebraska's personal-injury period) should all be confirmed before filing.

Sources and References

• Neb. Rev. Stat. § 20-132 (full and equal enjoyment of public accommodations) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-132
• Neb. Rev. Stat. § 20-133 (places of public accommodation defined) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-133
• Neb. Rev. Stat. § 20-134 (discriminatory practices; penalty) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-134
• Nebraska Civil Rights Act, ch. 20 (browse) — https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=20
• Nebraska Equal Opportunity Commission (public accommodations) — https://neoc.nebraska.gov/
• 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 Nebraska must review and customize this document before use. Verify all statutory citations, the NEOC filing deadline, and the §§ 20-140 to 20-143 remedy provisions before sending.