Public Accommodation Disability Access Request - Nevada

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — NEVADA

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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 Nevada and federal law.

• Nevada law. Under Nev. Rev. Stat. § 651.070, "[a]ll persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of . . . disability" (among other protected characteristics). Nev. Rev. Stat. § 651.075 secures the right of a person with a disability to be accompanied by a service animal in a place of public accommodation; under Nevada law a "service animal" is a dog or miniature horse (Nev. Rev. Stat. § 426.097). Deprivation of or interference with these rights is prohibited by Nev. Rev. Stat. § 651.080 (misdemeanor) and gives rise to a civil action under Nev. Rev. Stat. § 651.090.
• 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 Nev. Rev. Stat. § 651.050.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of Nev. Rev. Stat. §§ 651.050 and 426.068 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 (dog or miniature horse — Nev. Rev. Stat. § 426.097)
☐ 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 / casino / 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 / NRS Chapter 651 accessibility policy and train staff. [____]

V. Legal Obligations

Under Nevada and federal law, this establishment must:

• Provide full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations without discrimination on the basis of disability (Nev. Rev. Stat. § 651.070).
• Permit access by a service animal (dog or miniature horse) accompanying a person with a disability, without an extra fee or deposit; the establishment may ask only whether the animal is a service animal/animal in training and what tasks it is trained to perform (Nev. Rev. Stat. § 651.075).
• 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:

• Civil action under Nev. Rev. Stat. § 651.090, which makes a person who withholds, denies, deprives, intimidates, coerces, or punishes another in the exercise of public-accommodation rights liable for actual damages, and authorizes the court to grant equitable relief (including temporary, preliminary, or permanent injunctive relief) and to award costs and reasonable attorney fees to the prevailing party. (There is no fixed statutory-damages-per-offense award under Nevada law.)
• Administrative complaint to the Nevada Equal Rights Commission (NERC) under Nev. Rev. Stat. § 651.110.
• Criminal referral — deprivation of or interference with public-accommodation rights is a misdemeanor under Nev. Rev. Stat. § 651.080.
• 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], [Nev. State Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Nevada Practice Notes

• Enforcing agency. The Nevada Equal Rights Commission (NERC) (within the Department of Employment, Training & Rehabilitation) accepts public-accommodation discrimination complaints under Nev. Rev. Stat. § 651.110. The DOJ Disability Rights Section handles federal ADA Title III complaints.
• Admin vs. court route. Nevada allows a direct civil action under § 651.090 as well as a NERC complaint under § 651.110; these are alternative/complementary routes. A NERC complaint tolls the limitations period (§ 651.120).
• Remedies — actual damages only. Section 651.090 provides actual damages plus equitable/injunctive relief and reasonable attorney fees and costs. Nevada does not provide a per-offense statutory-damages bounty like California's Unruh Act, and § 651.090 is not framed to authorize punitive damages — confirm whether punitive damages are independently available under general Nevada tort principles for the conduct alleged.
• Limitations — 1 YEAR (short). Under § 651.120, the criminal or civil action must be brought within 1 year of the act complained of, tolled while a NERC complaint is pending. This is unusually short; calendar it immediately. The parallel federal ADA Title III action borrows Nevada's personal-injury limitations period — confirm the applicable period.
• Service animals — Nevada is narrow. Nevada recognizes only dogs and miniature horses as service animals (Nev. Rev. Stat. § 426.097); "emotional support animals" are not service animals for public-accommodation access. A business may ask only the two permitted questions (§ 651.075). Misrepresenting a pet as a service animal is itself unlawful under Nevada law.
• 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.

Sources and References

• Nev. Rev. Stat. Chapter 651 (Public Accommodations) — https://www.leg.state.nv.us/nrs/nrs-651.html
• Nev. Rev. Stat. § 651.070 (equal enjoyment of public accommodations) — https://www.leg.state.nv.us/nrs/nrs-651.html#NRS651Sec070
• Nev. Rev. Stat. § 651.090 (civil action; damages; injunctive relief; attorney fees) — https://www.leg.state.nv.us/nrs/nrs-651.html#NRS651Sec090
• Nev. Rev. Stat. § 651.110 (NERC complaint) — https://www.leg.state.nv.us/nrs/nrs-651.html#NRS651Sec110
• Nev. Rev. Stat. § 651.120 (1-year limitation) — https://www.leg.state.nv.us/nrs/nrs-651.html#NRS651Sec120
• Nev. Rev. Stat. § 426.097 (service animal defined) — https://www.leg.state.nv.us/nrs/nrs-426.html#NRS426Sec097
• Nevada Equal Rights Commission — https://detr.nv.gov/Page/Nevada_Equal_Rights_Commission_(NERC)
• 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 Nevada must review and customize this document before use. Verify all statutory citations and the short 1-year limitation period (NRS 651.120) before sending.