Public Accommodation Disability Access Request - Pennsylvania

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — PENNSYLVANIA

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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 Pennsylvania and federal law.

• Pennsylvania law. The Pennsylvania Human Relations Act (PHRA), 43 P.S. § 953, recognizes as a civil right the opportunity "to obtain all the accommodations, advantages, facilities and privileges of any public accommodation . . . without discrimination because of . . . handicap or disability . . . [or] the use of a guide or support animal because of the blindness, deafness or physical handicap of the user." 43 P.S. § 955(i) makes it an unlawful discriminatory practice for any person who is the owner or operator of a public accommodation to refuse, withhold, or deny full and equal accommodations because of disability.
• 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 43 P.S. § 954(l).

II. The Requester and the Disability

The requester is a person with a disability within the meaning of 43 P.S. § 954(p.1) 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 guide or support 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 guide or support animal, modify "no pets" or queueing policy] [____]
4. Adopt a written ADA/PHRA accessibility policy and train staff. [____]

V. Legal Obligations

Under Pennsylvania and federal law, this establishment must:

• Provide full and equal public accommodations regardless of disability and permit the use of a guide or support animal (43 P.S. §§ 953, 955(i)).
• 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 Pennsylvania Human Relations Commission (PHRC) under 43 P.S. § 959. A verified complaint must be filed within 180 days of the alleged discriminatory practice. The PHRC investigates, conciliates, and may order cease-and-desist and affirmative relief.
• Civil action in the court of common pleas under 43 P.S. § 962(c). This right arises only after the requester has invoked the PHRC procedure and the PHRC dismisses the complaint or fails to conciliate within one year; the action must then be filed within two years of the PHRC's closing notice. The court may enjoin the unlawful practice and order affirmative relief and "any other legal or equitable relief as the court deems appropriate."
• 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], [PA Attorney ID No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Pennsylvania Practice Notes

• Enforcing agency. The Pennsylvania Human Relations Commission (PHRC) enforces the PHRA's public-accommodation provisions; intake is by the PHRC's questionnaire/complaint process ([email protected]; regional offices). The DOJ Disability Rights Section handles federal ADA Title III complaints.
• Exhaustion and exclusivity (critical). Under 43 P.S. § 962, the PHRC procedure is, when invoked, the exclusive route on a given grievance, and the right to a court action accrues only after PHRC exhaustion: file with the PHRC first; if within one year the PHRC has not dismissed or conciliated, the complainant may sue in the court of common pleas, and must do so within two years of the PHRC's closing notice (43 P.S. § 962(c)). Filing a court action on the same grievance without first using the PHRC procedure forecloses the PHRA route.
• State damages. A PHRA court action under § 962(c) permits injunctive relief and "affirmative action" (which may include back pay in employment cases) and "any other legal or equitable relief"; courts have generally read the PHRA in public-accommodation cases to permit compensatory relief but not punitive damages (punitive damages are not available under the PHRA). There is no fixed statutory-damages floor. For the broadest injunctive relief and a fee award, the ADA Title III route (federal court; injunctive relief plus attorney fees) is frequently pursued in parallel.
• Limitations. PHRC complaint: 180 days (43 P.S. § 959(h)). Court action after exhaustion: 2 years from the PHRC closing notice (43 P.S. § 962(c)(2)). ADA Title III borrows Pennsylvania's two-year personal-injury limitations period (42 Pa. C.S. § 5524) — 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

• 43 P.S. § 953 (civil right to public accommodation) — https://codes.findlaw.com/pa/title-43-ps-labor/pa-st-sect-43-953/
• 43 P.S. § 955 (unlawful discriminatory practices) — https://govt.westlaw.com/pac/Document/NBE935230344311DA8A989F4EECDB8638
• 43 P.S. § 962 (construction; exclusiveness of remedy; civil action) — https://codes.findlaw.com/pa/title-43-ps-labor/pa-st-sect-43-962/
• Pennsylvania Human Relations Commission — Public Accommodation Discrimination — https://www.pa.gov/agencies/phrc/programs-and-services/public-accommodation-discrimination
• Pennsylvania Human Relations Act (full text) — https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=PDF&SessYr=1955&ActNum=0222.
• 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 Pennsylvania must review and customize this document before use. Verify the PHRA exhaustion sequence and all statutory citations before sending.