Public Accommodation Disability Access Request - Texas

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — TEXAS

Header

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 Texas and federal law.

• Texas law. Under Tex. Hum. Res. Code § 121.003(a), "[p]ersons with disabilities have the same right as persons without disabilities to the full use and enjoyment of any public facility in the state." Section 121.003(c) provides that no person with a disability may be denied admittance to any public facility because of the disability, nor denied the use of a service animal, white cane, wheelchair, crutches, or other assistive device. Section 121.003(d) defines prohibited discrimination to include refusal of access and the failure to comply with Chapter 469 of the Government Code, to make reasonable accommodations in policies, practices, and procedures, or to provide auxiliary aids and services necessary for full use and enjoyment.
• 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 a "public facility" under Tex. Hum. Res. Code § 121.002.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of Tex. Hum. Res. Code § 121.002 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 / Chapter 121 accessibility policy and train staff. [____]

V. Legal Obligations

Under Texas and federal law, this establishment must:

• Allow full use and enjoyment of the public facility and not deny admittance because of disability or use of a service animal or assistive device (Tex. Hum. Res. Code § 121.003(a), (c)).
• Make reasonable accommodations in policies, practices, and procedures, and provide auxiliary aids and services necessary for full use and enjoyment (Tex. Hum. Res. Code § 121.003(d)).
• Comply with Texas Accessibility Standards under Chapter 469, Government Code (Tex. Hum. Res. Code § 121.003(d)(1)).
• 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)).

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:

• Civil action under Tex. Hum. Res. Code § 121.004(b), in which a violation deprives the person with a disability of civil liberties and gives rise to a CONCLUSIVE PRESUMPTION OF DAMAGES OF AT LEAST $300 to the person with a disability (subject to § 121.0041, where applicable).
• Criminal enforcement / referral under Tex. Hum. Res. Code § 121.004(a), under which a violation of § 121.003 is a misdemeanor punishable by a fine of up to $300 and 30 hours of community service.
• Civil action and injunctive relief under ADA Title III, 42 U.S.C. § 12188, with attorney's fees and costs under 42 U.S.C. § 12205. (Private ADA Title III plaintiffs may obtain injunctive relief and fees, but not money damages — the $300-per-violation state remedy is the principal monetary hook.)
• 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], [Texas Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Texas Practice Notes

• No general state public-accommodation agency. Texas has no state agency that adjudicates disability-access complaints at private public accommodations. The Texas Workforce Commission Civil Rights Division handles employment and housing discrimination, not Chapter 121 public-facility access. The state route is a private civil action under Tex. Hum. Res. Code ch. 121; the DOJ Disability Rights Section handles federal ADA Title III complaints.
• The $300 statutory-damages hook. Under Tex. Hum. Res. Code § 121.004(b), a violation of § 121.003 is "deemed to have deprived a person with a disability of his or her civil liberties," and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability. This is the principal monetary remedy — federal ADA Title III gives private plaintiffs only injunctive relief and fees. The same conduct is also a misdemeanor under § 121.004(a) (fine up to $300 plus 30 hours of community service).
• Notice / cure (§ 121.0041). Section 121.004(b) is expressly "[s]ubject to Section 121.0041." Review § 121.0041's notice/opportunity-to-cure provisions before filing a damages action; failure to follow any required pre-suit procedure can defeat or reduce a damages claim.
• Admin vs. court route. Because there is no state agency adjudication for these claims, proceed directly in court for the state-law claim. ADA Title III claims may be brought directly in federal court (42 U.S.C. § 12188) without exhausting any agency process.
• Limitations periods. A Chapter 121 civil action is governed by the applicable Texas limitations period — confirm whether the two-year personal-injury period (Tex. Civ. Prac. & Rem. Code § 16.003) applies. ADA Title III borrows Texas's two-year personal-injury period. Verify 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

• Tex. Hum. Res. Code § 121.003 (Discrimination prohibited) — https://statutes.capitol.texas.gov/Docs/HR/htm/HR.121.htm
• Tex. Hum. Res. Code § 121.004 (Penalties and damages; $300 presumption) — https://codes.findlaw.com/tx/human-resources-code/hum-res-sect-121-004/
• Tex. Hum. Res. Code § 121.0041 (notice/cure) — https://statutes.capitol.texas.gov/Docs/HR/htm/HR.121.htm
• Tex. Gov't Code ch. 469 (Texas Accessibility Standards) — https://statutes.capitol.texas.gov/Docs/GV/htm/GV.469.htm
• 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 Texas must review and customize this document before use. Verify the § 121.0041 notice/cure requirements and all statutory citations before sending.