Public Accommodation Disability Access Request - Washington

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — WASHINGTON

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 both Washington and federal law.

• Washington law. The Washington Law Against Discrimination (WLAD), RCW 49.60.030(1)(b), declares "the right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement" to be a civil right. RCW 49.60.215 makes it an unfair practice for any place of public accommodation to commit any act resulting in a distinction, restriction, or discrimination, to charge a person with a disability more than the uniform rate, or to refuse or withhold the admission, patronage, custom, or services of the place — and it requires reasonable modifications to permit dog guides and service animals (and, where reasonable, miniature horses). The White Cane Law, RCW Chapter 70.84, independently affirms the right of persons with disabilities to use public places accompanied by a dog guide or service animal.
• 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 resort, accommodation, assemblage, or amusement" under RCW 49.60.040 and RCW 49.60.215.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of RCW 49.60.040 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 or dog guide
☐ 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/WLAD accessibility policy and train staff. [____]

V. Legal Obligations

Under Washington and federal law, this establishment must:

• Refrain from any unfair practice that distinguishes against, restricts, or discriminates against a person with a disability in the full enjoyment of the place (RCW 49.60.215(1)).
• Make reasonable modifications in policies, practices, and procedures — including permitting service animals and dog guides — to allow a person with a disability to obtain the goods, services, and privileges of the place (RCW 49.60.215(7); 42 U.S.C. § 12182(b)(2)(A)(ii)).
• Remove architectural barriers in existing facilities where removal is "readily achievable" and comply with accessible-design requirements (42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304; Washington State Building Code accessibility provisions). (Note: RCW 49.60.215(2) does not itself require structural changes "except as otherwise required by law" — the ADA and state building code supply that requirement.)
• 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:

• Direct civil action under WLAD, RCW 49.60.030(2), in a court of competent jurisdiction, with NO administrative exhaustion required, seeking to enjoin further violations and to recover actual damages (including emotional-distress damages), the cost of suit including reasonable attorney fees, and any other appropriate remedy. WLAD imposes no fixed statutory-damages minimum; damages are measured by actual harm.
• Administrative complaint to the Washington State Human Rights Commission (WSHRC) under RCW 49.60.230 (the WSHRC investigates, may conciliate, and may issue orders; pursuing the agency route is optional, not a prerequisite to suit).
• 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.

Signature Block

Respectfully,

[____________________]

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

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Washington Practice Notes

• Enforcing agencies. The Washington State Human Rights Commission (WSHRC) enforces WLAD administratively; the U.S. DOJ Disability Rights Section handles federal ADA Title III complaints.
• Direct court route — no exhaustion. WLAD's hallmark is RCW 49.60.030(2): an injured person may sue directly in superior court without first filing with the WSHRC. The administrative complaint and the lawsuit are alternative (and to some extent parallel) tracks; a claimant typically chooses one.
• Remedies — actual damages and fees, no statutory minimum. WLAD authorizes actual damages (Washington courts permit recovery for emotional distress and humiliation), injunctive relief, and costs including reasonable attorney fees. Unlike California's Unruh Act, WLAD provides no minimum per-offense statutory damages — quantify the actual harm. Punitive damages are generally not available under WLAD.
• Limitations period. A WLAD civil action is generally subject to a three-year statute of limitations (RCW 4.16.080); an administrative complaint to the WSHRC must generally be filed within six months of the alleged act (RCW 49.60.230). ADA Title III borrows Washington's three-year personal-injury period. Confirm the applicable period for the specific claim.
• Service animals / miniature horses. RCW 49.60.215 requires reasonable modifications to permit dog guides and service animals, and miniature horses where reasonable; misrepresenting an animal as a service animal can be a civil infraction of up to $500 (RCW 49.60.215(6)(c)). A business may ask only the two ADA-permitted questions (28 C.F.R. § 36.302(c)).
• Architectural barriers. Because RCW 49.60.215(2) disclaims compelling structural changes "except as otherwise required by law," plead architectural-barrier removal under the ADA and the Washington State Building Code, with WLAD covering policy, communication, and service-animal denials.
• Standing. Document each visit and barrier with dated photographs and measurements; for injunctive relief, show intent to return or deterrence.

Sources and References

• RCW 49.60.215 (WLAD — public accommodation; service animals) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.215
• RCW 49.60.030 (WLAD — civil right; private civil action) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.030
• RCW 49.60.040 (WLAD — definitions) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.040
• RCW 49.60.230 (WSHRC — administrative complaint) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.230
• RCW Chapter 70.84 (White Cane Law) — https://app.leg.wa.gov/rcw/default.aspx?cite=70.84
• 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
• Washington State Human Rights Commission — https://www.hum.wa.gov/
• 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 Washington must review and customize this document before use. Verify all statutory citations and the applicable WLAD limitations periods before sending.