Public Accommodation Disability Access Request - Utah

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — UTAH

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 Utah and federal law.

• Utah law. Under Utah Code § 26B-6-802 (Rights and Privileges of an Individual with a Disability), an individual with a disability "has equal rights to accommodations, advantages, and facilities offered by hotels, motels, lodges, and all other places of public accommodation in this state, and to places of amusement or resort to which the public is invited," as well as the same rights in the use of public buildings, public facilities, and common carriers. Utah Code § 26B-6-803 guarantees the right to be accompanied by a service animal (and a service animal in training) without additional charge. These provisions were recodified in 2023 from former Utah Code §§ 62A-5b-101 to -106.
• 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 "place of public accommodation" under Utah Code § 26B-6-802(3).

II. The Requester and the Disability

The requester is an "individual with a disability" within the meaning of Utah Code § 26B-6-801 (adopting the definition in 42 U.S.C. § 12102 and 28 C.F.R. § 36.104). 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 / lodge / 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 / disability-access and service-animal policy and train staff. [____]

V. Legal Obligations

Under Utah and federal law, this establishment must:

• Provide equal rights to accommodations, advantages, and facilities to individuals with disabilities (Utah Code § 26B-6-802).
• Permit a service animal (and a service animal in training) without additional charge, subject only to the danger/nuisance exception (Utah Code § 26B-6-803).
• Not interfere with the rights provided to individuals with disabilities (Utah Code § 26B-6-805).
• 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:

• Application to the Utah Attorney General under Utah Code § 13-7-4: a public accommodation that denies the rights guaranteed by Utah law may be treated as a public nuisance, and the Attorney General "shall investigate and seek to conciliate the matter" and may bring an action in the name of the State of Utah to enjoin the nuisance.
• Private civil action for damages under Utah Code § 13-7-4(3), which provides that "[a]ny person who is denied the rights provided for ... shall have a civil action for damages and any other remedy available in law or equity" against any person who denies those rights or who aids, incites, or conspires to bring about the denial.
• Criminal enforcement / referral under Utah Code § 26B-6-805 for interference with the rights of an individual with a disability or misrepresentation concerning a service animal (a misdemeanor).
• 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.)
• 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], [Utah State Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Utah Practice Notes

• Coverage flag (read first). Utah's general Public Accommodations Act (Utah Code § 13-7-3) does NOT list disability — its enumerated bases are race, color, sex, pregnancy, religion, ancestry, and national origin. Utah's state-law disability public-access rights come instead from the "Rights and Privileges of an Individual with a Disability" chapter, Utah Code §§ 26B-6-801 to -805 (recodified in 2023 from former §§ 62A-5b-101 to -106). For physical-barrier and effective-communication access claims, ADA Title III is the principal cause of action. Confirm the available Utah disability theory and the current recodified section numbers with counsel.
• Enforcing agencies. There is no single state agency that adjudicates disability-access complaints at private public accommodations. The Utah Attorney General has the § 13-7-4 public-nuisance/injunction role (and a conciliation duty on application). The Utah Antidiscrimination & Labor Division (UALD) of the Labor Commission handles employment and housing discrimination, not general public-accommodation access. The DOJ Disability Rights Section handles federal ADA Title III complaints.
• Admin vs. court route. Under § 13-7-4, a denied person may apply to the Attorney General (who investigates and seeks conciliation, and may sue to enjoin a nuisance) and/or bring a private civil action for damages and equitable relief under § 13-7-4(3). ADA Title III claims may be brought directly in federal court (42 U.S.C. § 12188).
• Damages / fees. Utah provides no fixed per-violation statutory-damages figure for disability access barriers comparable to California's Unruh remedy. Section 13-7-4(3) authorizes a civil action for damages and "any other remedy available in law or equity"; note that § 13-7-4(4) allows a prevailing defendant to recover its defense costs where a claim is found not to be a violation. ADA Title III private recovery is limited to injunctive relief plus attorney's fees.
• Service animals. Utah limits "service animal" to dogs (it does not adopt the ADA's separate miniature-horse provision), recognizes service animals in training, and penalizes misrepresentation and interference under § 26B-6-805.
• Limitations periods. Confirm the applicable Utah limitations period for the chosen cause of action; ADA Title III borrows Utah's most analogous personal-injury limitations period (generally four years, Utah Code § 78B-2-307). 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

• Utah Code § 26B-6-802 (Rights and privileges of an individual with a disability) — https://codes.findlaw.com/ut/title-26b-utah-health-and-human-services-codes/ut-code-sect-26b-6-802/
• Utah Code § 26B-6-803 (service animal access) — https://le.utah.gov/xcode/Title26B/Chapter6/26B-6-S803.html
• Utah Code § 13-7-3 (Public Accommodations Act — enumerated bases) — https://le.utah.gov/xcode/Title13/Chapter7/13-7-S3.html
• Utah Code § 13-7-4 (public nuisance; AG enforcement; private civil action for damages) — https://codes.findlaw.com/ut/title-13-commerce-and-trade/ut-code-sect-13-7-4/
• 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 Utah must review and customize this document before use. Confirm the current recodified section numbers (26B-6 series) and the available Utah disability cause of action before sending.