Public Accommodation Disability Access Request - South Dakota

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — SOUTH DAKOTA

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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 South Dakota and federal law.

• South Dakota law. Under the South Dakota Human Relations Act, SDCL ch. 20-13, SDCL § 20-13-23.1 provides that "[a]ny person with a disability is entitled to reasonably equal accommodations, advantages, facilities, and privileges of all hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited." It is an unfair or discriminatory practice under SDCL § 20-13-23 for any person engaged in the provision of public accommodations to deny those accommodations on a prohibited basis. SDCL § 20-13-23.7 requires that, for purposes of public accommodation (among other areas), "good faith efforts shall be made to reasonably accommodate the disabled person unless the accommodation would impose undue hardship."
• 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.

Complete the federal coverage facts before asserting Title III:

Based on those facts, [identify the establishment] is alleged to be a covered place of public accommodation under 42 U.S.C. § 12181(7) and a place "to which the general public is invited" under SDCL § 20-13-23.1.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of SDCL § 20-13-1 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 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 / lodging place / retail store / medical office / theater / amusement or resort / 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/Human Relations Act accessibility policy and train staff. [____]

V. Legal Obligations

Under South Dakota and federal law, this establishment must:

• Provide reasonably equal accommodations, advantages, facilities, and privileges to persons with disabilities under SDCL § 20-13-23.1.
• Make good-faith efforts to reasonably accommodate the disabled person unless the accommodation would impose undue hardship (SDCL § 20-13-23.7).
• 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 doing so would fundamentally alter the nature of the goods or services or impose an undue burden (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 charge with the South Dakota Division of Human Rights (Department of Labor and Regulation), which must be filed within 180 days of the discriminatory act (SDCL § 20-13-31). The Division investigates and may seek conciliation, a hearing, and relief.
• Civil action in lieu of an administrative hearing under SDCL § 20-13-35.1, in which a court or jury that finds an unfair or discriminatory practice may award the charging party compensatory damages and other relief. (South Dakota law does not establish a fixed per-violation statutory-damages amount for access barriers.)
• Civil action for preventive relief under ADA Title III, 42 U.S.C. § 12188, which incorporates the injunction, restraining-order, and other preventive-relief route in 42 U.S.C. § 2000a-3(a). A court may, in its discretion, award a prevailing party reasonable attorney's fees, litigation expenses, and costs under 42 U.S.C. § 12205. This private statutory route does not award money damages.
• 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], [SD State Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

South Dakota Practice Notes

• Enforcing agency. The South Dakota Division of Human Rights (within the Department of Labor and Regulation) administers the Human Relations Act (SDCL ch. 20-13), which prohibits discrimination — including on the basis of disability — in public accommodations, employment, housing, education, and public services. The DOJ Disability Rights Section handles federal ADA Title III complaints.
• Admin vs. court route. A complainant generally first files a charge with the Division within 180 days (SDCL § 20-13-31). Under current § 20-13-35.1, the charging party or respondent may elect a state civil action no later than 20 days after issuance of the notice requiring the respondent to answer the charge; the state action is then due within one year after DHR or Commission election notice. ADA Title III claims may use a separate federal route under 42 U.S.C. § 12188; confirm every claim's current prerequisites independently.
• No special statutory damages. Unlike California's $4,000-per-offense Unruh remedy, South Dakota provides no fixed per-violation statutory-damages figure for disability access barriers. Under SDCL § 20-13-35.1, an elected civil action may yield compensatory and injunctive relief and, for a violation of listed provisions including § 20-13-23.7, punitive damages under § 21-3-2; its state fee-and-cost provision is limited to housing matters. The private ADA Title III statutory route supplies preventive relief; § 12205 makes any prevailing-party fee, litigation-expense, and cost award discretionary.
• Reasonable accommodation standard. SDCL § 20-13-23.7 expressly imports a "good faith efforts ... to reasonably accommodate ... unless the accommodation would impose undue hardship" standard into the public-accommodation context — a useful state-law hook alongside the ADA's "reasonable modification" and "readily achievable" standards.
• Limitations periods. Administrative charge: 180 days (SDCL § 20-13-31). ADA Title III borrows South Dakota's most analogous personal-injury limitations period (generally three years, SDCL § 15-2-14) — verify the applicable period for the specific claim.
• 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

• SDCL § 20-13-23.1 (Right of disabled persons to equal treatment in public accommodations) — https://sdlegislature.gov/Statutes/20-13-23.1
• SDCL § 20-13-23 (Unfair or discriminatory practice — public accommodations) — https://sdlegislature.gov/Statutes/20-13-23
• SDCL § 20-13-23.7 (Good faith efforts to reasonably accommodate disabled persons) — https://sdlegislature.gov/Statutes/20-13-23.7
• SDCL § 20-13-35.1 (Right to proceed by civil action in lieu of hearing) — https://sdlegislature.gov/Statutes/20-13-35.1
• South Dakota Division of Human Rights — laws and rules — https://dlr.sd.gov/human_rights/laws_rules.aspx
• 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 South Dakota must review and customize this document before use. Verify all statutory citations and the 180-day charge deadline before sending.