Public Accommodation Disability Access Request - Oregon

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — OREGON

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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 Oregon and federal law.

• Oregon law. ORS 659A.403 entitles all persons to "full and equal accommodations, advantages, facilities and privileges of any place of public accommodation" without discrimination. ORS 659A.142(4) specifically prohibits a place of public accommodation from discriminating against an individual because of disability, and ORS 659A.142(5)-(6) require effective communication, auxiliary aids, and reasonable modifications, and protect the use of service animals. ORS 659A.406 prohibits aiding or abetting such discrimination.
• 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 ORS 659A.400.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of ORS 659A.104 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 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/state accessibility policy and train staff. [____]

V. Legal Obligations

Under Oregon and federal law, this establishment must:

• Provide full and equal accommodations regardless of disability (ORS 659A.403; ORS 659A.142(4)).
• Provide auxiliary aids and services and make reasonable modifications to policies and procedures to ensure access and effective communication (ORS 659A.142(5)-(6); 42 U.S.C. § 12182(b)(2)(A)(ii)-(iii)).
• Permit service animals to accompany persons with qualifying disabilities (ORS 659A.142(5); 28 C.F.R. § 36.302(c)).
• 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).

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 Oregon Bureau of Labor and Industries (BOLI), Civil Rights Division, under ORS 659A.820. A complaint must be filed within one year of the unlawful practice.
• Civil action under ORS 659A.885, in which the court may order injunctive relief and any other equitable relief (including, where applicable, back pay), compensatory damages, and — where the conduct warrants — punitive damages, plus costs and reasonable attorney fees to the prevailing party. (Punitive damages against a public body are barred or limited by the Oregon Tort Claims Act.)
• Civil action under ADA Title III, 42 U.S.C. § 12188, for injunctive relief and attorney fees under 42 U.S.C. § 12205.
• 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], [Oregon State Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Oregon Practice Notes

• Enforcing agency. The Oregon Bureau of Labor and Industries (BOLI), Civil Rights Division investigates public-accommodation disability complaints under ORS 659A.142/.403. The DOJ Disability Rights Section handles federal ADA Title III complaints.
• Admin vs. court route. A complainant may file with BOLI within one year (ORS 659A.820) or proceed directly to circuit court under ORS 659A.885 — administrative exhaustion is not required for the civil action. A public-accommodation civil action under ORS 659A.403/.406 must generally be commenced within one year (ORS 659A.875(1)); confirm the applicable subsection for the specific claim.
• State damages — stronger than the ADA. Unlike the federal ADA (which gives private Title III plaintiffs only injunctive relief and fees), ORS 659A.885 authorizes the court to award compensatory damages in a public-accommodation case and, where the defendant's conduct is sufficiently culpable, punitive damages, in addition to injunctive/equitable relief and attorney fees. There is no fixed statutory-damages floor; damages are proven, not presumed.
• Service animals and effective communication. ORS 659A.142(5)-(6) and BOLI's rules (OAR ch. 839, div. 5) parallel the ADA's service-animal, auxiliary-aid, and reasonable-modification requirements.
• Limitations. BOLI complaint: 1 year (ORS 659A.820). Civil action for public accommodation: 1 year (ORS 659A.875). ADA Title III borrows Oregon's analogous limitations period — confirm before relying.
• Standing. A plaintiff must generally show an actual encounter with a barrier and either intent to return or deterrence. Document each visit and barrier with dated photographs and measurements.

Sources and References

• ORS 659A.142 (disability discrimination, incl. public accommodation) — https://oregon.public.law/statutes/ors_659a.142
• ORS 659A.403 (discrimination in place of public accommodation) — https://oregon.public.law/statutes/ors_659a.403
• ORS 659A.406 (aiding or abetting) — https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
• ORS 659A.820 (BOLI complaint; one year) — https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
• ORS 659A.885 (civil action; damages and fees) — https://codes.findlaw.com/or/title-51-labor-and-employment-unlawful-discrimination/or-rev-st-sect-659a-885/
• Oregon BOLI Civil Rights Division — https://www.oregon.gov/boli/civil-rights/
• 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 Oregon must review and customize this document before use. Verify all statutory citations and the one-year limitations periods before sending.