Public Accommodation Disability Access Request - Wisconsin

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — WISCONSIN

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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 Wisconsin and federal law.

• Wisconsin law. Wis. Stat. § 106.52 prohibits any person from denying to another, or charging another a higher price than the regular rate for, the full and equal enjoyment of any public place of accommodation or amusement because of disability (among other protected characteristics), and from giving preferential treatment to one class of persons. A public place of accommodation or amusement shall modify its policies, practices, and procedures to permit the full and equal enjoyment of the place by a person with a disability, including by permitting service animals. "Places of public accommodation or amusement" broadly include retail stores, restaurants, taverns, hotels, theaters, fitness centers, clinics, hospitals, public transportation, campgrounds, and similar places open to the public.
• 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, which set the specific building-accessibility requirements that Wisconsin's statute does not itself prescribe.

This establishment is a "place of public accommodation" under 42 U.S.C. § 12181(7) and a "public place of accommodation or amusement" under Wis. Stat. § 106.52(1).

II. The Requester and the Disability

The requester is a person with a disability within the meaning of Wis. Stat. § 106.52 (incorporating the disability standard applied under Wis. Stat. § 106.50) 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/§ 106.52 accessibility policy and train staff. [____]

V. Legal Obligations

Under Wisconsin and federal law, this establishment must:

• Provide full and equal enjoyment of the place to persons with disabilities, without denial, higher charges, or preferential treatment (Wis. Stat. § 106.52(3)).
• Modify policies, practices, and procedures to permit full and equal enjoyment, including permitting service animals accompanying a person with a disability (Wis. Stat. § 106.52; 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). (Wisconsin's § 106.52 does not itself set accessibility standards; the ADA and applicable building codes supply them.)
• 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:

• Administrative complaint to the Wisconsin Department of Workforce Development, Equal Rights Division (ERD) under Wis. Stat. § 106.52(4) and Wis. Admin. Code ch. DWD 221. A complaint must be filed within 300 days of the discriminatory act or of awareness of it. The ERD investigates, offers mediation, and after hearing may issue cease-and-desist orders and order action to effectuate the purposes of the statute.
• Civil action under ADA Title III, 42 U.S.C. § 12188, for injunctive relief and attorney fees under 42 U.S.C. § 12205 — the principal route for compelling architectural-barrier removal.
• 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], [Wis. State Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

Wisconsin Practice Notes

• Enforcing agencies. Wisconsin enforces § 106.52 administratively through the Department of Workforce Development, Equal Rights Division (ERD); the U.S. DOJ Disability Rights Section handles federal ADA Title III complaints. The ERD is the primary state forum for public-accommodation disability discrimination.
• Administrative-first model; 300-day deadline. Unlike Washington's direct-court model, Wisconsin's public-accommodations remedy runs through the ERD's complaint-investigation-hearing process (Wis. Admin. Code ch. DWD 221). The filing deadline is 300 days from the act or from awareness of it. Documentation related to a service animal cannot be demanded of a person with a disability.
• State law sets no accessibility standards. The ERD itself notes that § 106.52 guarantees full and equal enjoyment but does not set specific building-accessibility requirements; the ADA supplies those standards. Accordingly, plead architectural-barrier removal and effective-communication obligations under the ADA / 28 C.F.R. Part 36, and use § 106.52 for denials of service, discriminatory policies, higher charges, and service-animal refusals.
• Remedies — make-whole, no statutory multiplier. The ERD remedy is primarily cease-and-desist and corrective/affirmative action; Wisconsin's public-accommodations statute provides no per-offense statutory-damages minimum (contrast California's Unruh Act). Quantify actual harm. Confirm with counsel the current scope of monetary relief available through the ERD for public-accommodation claims, which is narrower than under the employment provisions.
• Service animals. § 106.52 requires modification of policies to admit service animals; if the animal is not wearing a harness, leash, or special cape, the place may ask whether it is a service animal required because of a disability. The law does not apply if the animal's presence would fundamentally change the place or jeopardize safe operation. A service animal in training may be required to show a credential.
• Limitations. ERD complaint: 300 days (DWD 221). ADA Title III borrows Wisconsin's personal-injury limitations period. Confirm the applicable period for the specific claim.
• Standing. Document each visit and barrier with dated photographs and measurements; for ADA injunctive relief, show intent to return or deterrence.

Sources and References

• Wis. Stat. § 106.52 (public places of accommodation or amusement) — https://docs.legis.wisconsin.gov/document/statutes/106.52
• Wis. Admin. Code ch. DWD 221 (public accommodations discrimination procedure) — https://docs.legis.wisconsin.gov/document/administrativecode/DWD%20221
• Wisconsin DWD — Discrimination in Public Places of Accommodation — https://dwd.wisconsin.gov/er/civilrights/discrimination/publicaccommodation.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
• Wisconsin Equal Rights Division — File a Complaint — https://dwd.wisconsin.gov/er/civilrights/discrimination/complaintprocess.htm
• 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 Wisconsin must review and customize this document before use. Verify all statutory citations, the 300-day ERD filing deadline, and the scope of available monetary relief before sending.