Public Accommodation Disability Access Request - Rhode Island

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — RHODE ISLAND

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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 Rhode Island and federal law.

• Rhode Island law. Under R.I. Gen. Laws § 11-24-2 and § 11-24-2.1, places of public accommodation may not refuse, withhold, or deny any person the accommodations, advantages, facilities, or privileges of the establishment because of disability, and "any person with a disability shall be entitled to full and equal access, as other members of the general public, to all public accommodations," including the right to be accompanied by a personal assistive animal without extra charge. The Civil Rights of People with Disabilities Act, R.I. Gen. Laws ch. 42-87, independently prohibits disability discrimination and, in § 42-87-3(5), expressly incorporates the ADA's public-accommodation guarantee of full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations.
• 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 R.I. Gen. Laws § 11-24-3.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of R.I. Gen. Laws § 42-87-1 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 personal assistive / 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 personal assistive animal, modify "no pets" or queueing policy] [____]
4. Adopt a written ADA/state accessibility policy and train staff. [____]

V. Legal Obligations

Under Rhode Island and federal law, this establishment must:

• Provide full and equal access to all public accommodations regardless of disability and permit a personal assistive animal without extra charge (R.I. Gen. Laws §§ 11-24-2.1, 42-87-3).
• Comply with the ADA's public-accommodation requirements, which Rhode Island incorporates by reference (R.I. Gen. Laws § 42-87-3(5)).
• 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 and provide auxiliary aids for effective communication (42 U.S.C. § 12182(b)(2)(A)(ii)-(iii); R.I. Gen. Laws § 11-24-2.1(c)).

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 Rhode Island Commission for Human Rights (RICHR) under R.I. Gen. Laws § 11-24-4. A charge must generally be filed within one year of the discriminatory act.
• Complaint to the Governor's Commission on Disabilities for matters involving the physical inaccessibility of buildings and structures (R.I. Gen. Laws § 42-87-5(b)).
• Civil action in the superior court under R.I. Gen. Laws § 42-87-4 for equitable relief, compensatory and/or punitive damages, or any other relief the court deems appropriate. Where the matter is within RICHR jurisdiction, this action may be brought only after RICHR fails to act within 60 days of filing or has issued a final order (§ 42-87-4(b)).
• 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.

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Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Rhode Island Practice Notes

• Enforcing agencies. The Rhode Island Commission for Human Rights (RICHR) enforces the public-accommodations chapter (ch. 11-24) and the Civil Rights of People with Disabilities Act (ch. 42-87). The Governor's Commission on Disabilities hears complaints about the physical inaccessibility of buildings and structures (§ 42-87-5(b)). The DOJ Disability Rights Section handles federal ADA Title III complaints.
• State damages — among the strongest. R.I. Gen. Laws § 42-87-4 expressly authorizes a person with a disability to bring a superior court action for equitable relief and compensatory and/or punitive damages — a remedy materially broader than the federal ADA, which gives private Title III plaintiffs only injunctive relief and fees. There is no fixed statutory-damages floor; compensatory damages are proven and punitive damages turn on the defendant's culpability.
• The 60-day RICHR gateway (critical). Under § 42-87-4(b), where the matter falls within RICHR jurisdiction (ch. 11-24), the § 42-87-4 court action may be filed only after RICHR has failed to act within 60 days of the complaint or has issued a final order. Practitioners typically file with RICHR first to satisfy this prerequisite and preserve the damages action.
• Admin route. RICHR follows the Fair Employment Practices Act enforcement machinery (incorporated by § 42-87-5(a) and §§ 28-5-16 through 28-5-36): investigation, conciliation, and, failing that, a formal hearing with cease-and-desist and affirmative relief, subject to judicial review in superior court.
• Limitations. RICHR charge: generally 1 year (R.I. Gen. Laws § 28-5-17(a); RICHR Rule 4.05, applied by analogy to ch. 11-24). ADA Title III borrows Rhode Island'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

• R.I. Gen. Laws § 11-24-2 (discriminatory practices in public accommodations) — https://webserver.rilegislature.gov/Statutes/TITLE11/11-24/11-24-2.htm
• R.I. Gen. Laws § 11-24-2.1 (disability discrimination; assistive animals) — https://webserver.rilegislature.gov/Statutes/TITLE11/11-24/11-24-2.1.htm
• R.I. Gen. Laws § 11-24-3 (places of public accommodation construed) — https://webserver.rilegislature.gov/Statutes/TITLE11/11-24/11-24-3.htm
• R.I. Gen. Laws § 42-87-3 (discriminatory acts; ADA incorporation) — https://webserver.rilegislature.gov/Statutes/TITLE42/42-87/42-87-3.htm
• R.I. Gen. Laws § 42-87-4 (civil liability; compensatory/punitive damages) — https://webserver.rilegislature.gov/Statutes/TITLE42/42-87/42-87-4.htm
• R.I. Gen. Laws § 42-87-5 (enforcement) — https://webserver.rilegislature.gov/Statutes/TITLE42/42-87/42-87-5.htm
• Rhode Island Commission for Human Rights — https://richr.ri.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 Rhode Island must review and customize this document before use. Verify the § 42-87-4(b) RICHR gateway and all statutory citations before sending.