Public Accommodation Disability Access Request - Ohio

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — OHIO

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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, and privileges for persons with disabilities, as required by both Ohio and federal law.

• Ohio law. The Ohio Civil Rights Act, Ohio Rev. Code § 4112.02(G), makes it an unlawful discriminatory practice "for any proprietor or any employee, keeper, or manager of a place of public accommodation to deny to any person, except for reasons applicable alike to all persons regardless of … disability …, the full enjoyment of the accommodations, advantages, facilities, or privileges of the place of public accommodation."
• 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 Ohio Rev. Code § 4112.01(A)(9).

II. The Requester and the Disability

The requester is a person with a "disability" within the meaning of Ohio Rev. Code § 4112.01(A)(13) 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/R.C. 4112 accessibility policy and train staff. [____]

V. Legal Obligations

Under Ohio and federal law, this establishment must:

• Refrain from denying the full enjoyment of its accommodations, advantages, facilities, or privileges because of disability, except for reasons applicable alike to all persons (Ohio Rev. Code § 4112.02(G)).
• 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 applicable Ohio building/accessibility standards in addition to the federal 2010 ADA Standards.

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:

• Charge with the Ohio Civil Rights Commission (OCRC) under Ohio Rev. Code § 4112.05. The OCRC investigates, may attempt conciliation, and may issue complaints; it may also intervene in a civil action it deems of public importance.
• Civil action under Ohio Rev. Code § 4112.99, which provides that "[w]hoever violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief." This includes the disability public-accommodation prohibition of § 4112.02(G).
• Compensatory and (where available) punitive damages, subject to Ohio's tort-reform caps (Ohio Rev. Code §§ 2315.18, 2315.21), plus injunctive relief and attorney's fees as authorized. Ohio is a damages jurisdiction for Chapter 4112 violations — broader than the ADA's injunction-only private remedy.
• 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.

Signature Block

Respectfully,

[____________________]

[REQUESTER NAME / ATTORNEY NAME], [Ohio Attorney Reg. No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Ohio Practice Notes

• Enforcing agency. The Ohio Civil Rights Commission (OCRC) administers Chapter 4112; the U.S. DOJ Disability Rights Section handles federal ADA Title III complaints.
• Damages jurisdiction. R.C. § 4112.99 authorizes "a civil action for damages, injunctive relief, or any other appropriate relief" for a Chapter 4112 violation, including a § 4112.02(G) public-accommodation violation. Unlike NC and ND (injunctive-only) or the federal ADA (injunctive-only for private plaintiffs), Ohio permits compensatory and potentially punitive damages, subject to the tort-reform caps in R.C. §§ 2315.18 and 2315.21.
• H.B. 352 reforms (eff. April 15, 2021) — UNSETTLED for public accommodations. H.B. 352 overhauled Chapter 4112, adding (in the employment context) a mandatory OCRC charge-filing prerequisite and reducing the limitations period from six years to two years (with tolling while a charge is pending). These reforms are framed chiefly around employment claims (R.C. § 4112.051/§ 4112.052); their application to a § 4112.02(G) public-accommodation claim under § 4112.99 is not clearly resolved. Treat the exhaustion requirement and limitations period as open questions and confirm current authority before filing.
• Admin vs. court. A claimant may pursue an OCRC charge and/or a § 4112.99 civil action; coordinate the two to avoid procedural conflicts and to satisfy any applicable exhaustion requirement.
• ADA interaction. Plead the ADA Title III claim for injunctive relief and fees alongside the state claim where appropriate; the Ohio claim is the route to money damages.
• Standing / evidence. Document each visit and barrier with dated photographs and measurements; preserve receipts and witness information.

Sources and References

• Ohio Rev. Code § 4112.02 (unlawful discriminatory practices; subsection (G) public accommodations) — https://codes.ohio.gov/ohio-revised-code/section-4112.02
• Ohio Rev. Code § 4112.99 (civil action for damages, injunctive relief, or other relief) — https://codes.ohio.gov/ohio-revised-code/section-4112.99
• Ohio Rev. Code Chapter 4112 (Civil Rights Commission) — https://codes.ohio.gov/ohio-revised-code/chapter-4112
• H.B. 352 (2021) overview of Chapter 4112 reforms — https://www.littler.com/news-analysis/asap/finally-ohio-restores-its-employment-discrimination-statute
• Ohio Civil Rights Commission — https://crc.ohio.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 Ohio must review and customize this document before use. Verify all statutory citations and the post-H.B. 352 exhaustion/limitations questions for public-accommodation claims before sending.