Public Accommodation Disability Access Request - West Virginia

PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST / DEMAND — WEST VIRGINIA

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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 West Virginia and federal law.

• West Virginia law. The West Virginia Human Rights Act (WVHRA) declares equal access to places of public accommodations to be a human and civil right of all persons without regard to disability (W. Va. Code § 16B-17-2). It is an unlawful discriminatory practice under W. Va. Code § 16B-17-9(6) for any person who is the owner, lessee, proprietor, manager, superintendent, agent, or employee of a place of public accommodations to refuse, withhold from, or deny to any individual, because of disability (directly or indirectly), any of the accommodations, advantages, facilities, privileges, or services of the place. (These provisions were recodified in 2024 from former W. Va. Code § 5-11-9.)
• 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 accommodations" under W. Va. Code § 16B-17-3.

II. The Requester and the Disability

The requester is a person with a disability within the meaning of W. Va. Code § 16B-17-3 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/WVHRA accessibility policy and train staff. [____]

V. Legal Obligations

Under West Virginia and federal law, this establishment must:

• Provide full and equal enjoyment of the accommodations, advantages, facilities, privileges, and services of the place to persons with disabilities (W. Va. Code § 16B-17-9(6); § 16B-17-2).
• 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)).
• Permit service animals in all areas open to the public (28 C.F.R. § 36.302(c)).

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 West Virginia Human Rights Commission under W. Va. Code § 16B-17-10. A verified complaint must be filed within 365 days of the alleged act; the Commission investigates, may conciliate, and after hearing may issue a cease-and-desist order and affirmative-action relief, including ordering the admission to full and equal enjoyment of the accommodation.
• Private civil action under W. Va. Code § 16B-17-13(b): a complainant may obtain a notice of right to sue and file suit in the county where the respondent resides or transacts business within 90 days of that notice (or within any remaining limitations period). In such an action the court shall enjoin the unlawful practice and order affirmative action (which may include back pay and other legal or equitable relief), and in its discretion may award costs of litigation, including reasonable attorney fees and witness fees.
• Note on exclusiveness. Under W. Va. Code § 16B-17-13(a), once the WVHRA procedure is invoked it is generally the exclusive remedy as to the same grievance; coordinate the administrative and court tracks with counsel before electing a path.
• 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.

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Respectfully,

[____________________]

[REQUESTER NAME / ATTORNEY NAME], [W. Va. State Bar No. ______ if attorney]

[FIRM / ADDRESS]

Telephone: [__________] Email: [__________]

West Virginia Practice Notes

• Recodification (2024). The Human Rights Act moved from Chapter 5, Article 11 to Chapter 16B, Article 17 (S.B. 300, 2024), and the WV Human Rights Commission now sits within the Department of Health's Office of Inspector General. Cite the new § 16B-17 sections; expect older opinions and forms to reference the former § 5-11 numbers (e.g., former § 5-11-9 is now § 16B-17-9).
• Enforcing agencies. The West Virginia Human Rights Commission enforces the WVHRA administratively (§ 16B-17-10); the U.S. DOJ Disability Rights Section handles federal ADA Title III complaints.
• Admin vs. court route — exclusiveness and right to sue. The WVHRA procedure is generally exclusive once invoked (§ 16B-17-13(a)): a complainant who institutes a separate action on the same grievance without using the WVHRA process may not later resort to it. However, § 16B-17-13(b) lets a complainant secure a notice of right to sue (on dismissal for reasons other than the merits, or on request after timely filing) and then file a private civil action within 90 days. West Virginia case law (under former § 5-11) also recognized a direct judicial action; confirm current procedure with counsel.
• Remedies. Administratively, the Commission may order cease-and-desist, affirmative action, and admission to full and equal enjoyment of the accommodation, and may award incidental damages under its rules. In court (§ 16B-17-13(c)), available relief includes injunction, affirmative action, back pay, other legal or equitable relief, and discretionary costs including reasonable attorney and witness fees. There is no fixed per-offense statutory-damages minimum (unlike California's Unruh Act) — quantify actual harm.
• Limitations. Administrative complaint: 365 days from the act (§ 16B-17-10). Private suit after right-to-sue notice: 90 days (§ 16B-17-13(b)). ADA Title III borrows West Virginia's two-year personal-injury limitations period. Confirm the applicable period for the specific claim.
• Attorney General. W. Va. Code § 16B-17-20 authorizes the Attorney General to bring a civil action where force, violence, or property damage interferes with protected rights (civil penalty up to $5,000 per violation) — a distinct enforcement mechanism, not the ordinary access remedy.
• Standing. Document each visit and barrier with dated photographs and measurements; for injunctive relief, show intent to return or deterrence.

Sources and References

• W. Va. Code § 16B-17-9 (WVHRA — unlawful discriminatory practices; public accommodations at (6)) — https://code.wvlegislature.gov/16B-17-9/
• W. Va. Code § 16B-17-2 (WVHRA — declaration of policy) — https://code.wvlegislature.gov/16B-17-2/
• W. Va. Code § 16B-17-10 (WVHRA — complaint; investigation; hearing; orders) — https://code.wvlegislature.gov/16B-17-10/
• W. Va. Code § 16B-17-13 (WVHRA — exclusiveness of remedy; right to sue) — https://code.wvlegislature.gov/16B-17-13/
• W. Va. Code § 16B-17-20 (WVHRA — civil action by Attorney General) — https://code.wvlegislature.gov/16B-17-20/
• 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
• West Virginia Human Rights Commission — https://hrc.wv.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 West Virginia must review and customize this document before use. Confirm the current § 16B-17 citations (post-2024 recodification), the 365-day and 90-day deadlines, and the exclusiveness-of-remedy rule before sending.