Public Accommodation Disability Access Request - Vermont

Public Accommodation Disability Access Request — Vermont

Purpose. Use this document to record an access problem and ask for a
specific solution. It does not decide liability, prescribe construction, or
select an administrative or court remedy.

1. Matter Control Sheet

The response date above is the requester’s proposed business deadline. It is
not represented as a statutory limitations period or cure period.

2. Coverage Worksheet

Vermont Coverage

☐ The facility offers services, facilities, goods, privileges, advantages,
benefits, or accommodations to the general public.

☐ The recipient owns, leases, leases to, or operates the facility.

☐ The requested access concerns a disability-related barrier or denial.

Facts supporting each checked item: [________________________________]

Federal Title III Coverage

Complete this section before citing federal Title III in the letter.

☐ Federal Title III language is included because all applicable fields above
are supported.

☐ Federal Title III language is omitted pending coverage review.

If the recipient is governmental or the issue is digital-only, obtain a
separate controlling-law review before stating the federal claim.

3. Requester and Access Need

Describe the functional limitation relevant to access. Include only information
needed to understand and evaluate the request.

Functional limitation: [________________________________]

How the current condition affects access: [________________________________]

Requested communication method: ☐ Email ☐ Telephone ☐ Mail ☐ Other: [________]

☐ Mobility access

☐ Visual access

☐ Hearing or speech access

☐ Service-animal access

☐ Policy or procedure modification

☐ Other access need: [________________________________]

4. Incident and Barrier Record

Barrier or denial type:

☐ Policy, practice, or procedure

☐ Missing or ineffective auxiliary aid or service

☐ Architectural or structural communication barrier

☐ Service-animal exclusion

☐ Unequal or segregated service

☐ Other: [________________________________]

5. Requested Access and Statutory Fit

Classify the request before sending:

☐ Reasonable modification. The requested policy, practice, or procedure
change is necessary for access. Record any claimed fundamental alteration and
the facts offered for it: [________________________________]

☐ Auxiliary aid or service. The requested aid is intended to provide
effective communication. Record the communication context and any claimed
fundamental alteration or undue burden: [________________________________]

☐ Existing-facility barrier removal. Record why the proposed removal may be
readily achievable and any alternative method proposed if full removal is not:
[________________________________]

☐ Service animal. Record the animal, trained work or task, denial, and any
reason given. Vermont § 4502(b) separately addresses an individual accompanied
by a service animal and an individual training an animal to perform as a
service animal.

Technical dimensions, construction methods, and design-standard conclusions
must come from the current rule and a qualified accessibility professional; do
not invent them in this letter.

6. Request Letter

Date: [__/__/____]

By: ☐ Email ☐ Certified mail ☐ First-class mail ☐ Hand delivery ☐ Other: [________]

To: [RECIPIENT NAME AND TITLE]

Entity: [LEGAL NAME AND DBA]

Address: [________________________________]

Re: Disability access request concerning [FACILITY OR SERVICE]

Dear [NAME]:

I am writing about an access problem at [facility or service] on
[date(s)]. The relevant facts are:

[Describe what happened, who was involved, and the access effect. Separate
personal knowledge from information received from others.]

I request the following access measure:

[State a concrete modification, auxiliary aid or service, barrier-removal
measure, alternative method, or service-animal policy correction.]

This measure is needed because [explain the connection between the functional
limitation and access]. Supporting information is attached or available as
follows: [identify documents, photographs, measurements, estimates, or other
information].

Vermont law requires a covered public accommodation to make necessary
reasonable modifications unless it demonstrates fundamental alteration, to
take necessary steps involving auxiliary aids and services unless it
demonstrates fundamental alteration or undue burden, and to remove an existing
architectural or structural communication barrier where removal is readily
achievable. See 9 V.S.A. § 4502(c)(5), (6), and (8).

[Federal Title III likewise addresses necessary reasonable modifications,
auxiliary aids and services, and readily achievable removal of existing-facility
barriers. See 42 U.S.C. § 12182(b)(2)(A) and 28 C.F.R. §§ 36.302–36.304.]

Please respond by [date] with:

1. confirmation that the requested measure will be provided and its schedule;
2. a proposed effective alternative; or
3. the factual basis for any claimed fundamental alteration, undue burden, or
   lack of ready achievability, together with the alternative measures
   considered.

Please preserve records concerning the incident, the request, facility or
policy conditions, communications, estimates, alternatives considered, and the
response.

I hope to resolve this access issue promptly. This request does not waive any
right or remedy.

Sincerely,

[________________________________]

[NAME]

[ADDRESS] · [PHONE] · [EMAIL]

7. Attachments and Follow-Up

☐ Incident chronology

☐ Photographs or video identified by date and location

☐ Correspondence and names of witnesses

☐ Description of requested modification or aid

☐ Estimate or accessibility-professional input

☐ Relevant medical or disability information limited to what counsel approved

☐ Delivery confirmation retained

☐ Response and proposed alternatives logged

8. Enforcement-Route Handoff

Section 4506 identifies a Vermont Human Rights Commission charge and a private
Superior Court action as separate state routes and says a Commission
investigation is not a condition precedent to suit. Before choosing a route,
have counsel determine current filing deadlines, parties, venue, exhaustion,
available remedies, and the effect of any federal claim. This request makes no
conclusion on those issues.

Sources and References

• 9 V.S.A. chapter 139
• 42 U.S.C. § 12181
• 42 U.S.C. § 12182
• 28 C.F.R. part 36, subpart C