How to File a Title III Complaint
U.S. Department of Justice
Civil Rights Division
Disability Rights SectionHow to File a Title III Complaint
This is in response to your request for information on how to file
a complaint under title III of the Americans with Disabilities Act.
Title III prohibits discrimination based on disability in public
accommodations. Private entities covered by title III include places
of lodging, establishments serving food and drink, places of exhibition
or entertainment, places of public gathering, sales or rental establishments,
service establishments, stations used for specified public transportation,
places of public display or collection, places of recreation, places
of education, social service center establishments, and places of
exercise or recreation. Title III also covers commercial facilities
(such as warehouses, factories, and office buildings), private transportation
services, and licensing and testing practices.
If you feel you or another person have been discriminated against
by an entity covered by title III, send a letter to the Department
of Justice, at the address below, including the following information:
- Your full name, address, and telephone number, and the name of
the party discriminated against;
- The name of the business, organization, or institution that you
believe has discriminated;
- A description of the act or acts of discrimination, the date
or dates of the discriminatory acts, and the name or names of the
individuals who you believe discriminated; and
- Other information that you believe necessary to support your
complaint. Please send copies of relevant documents. Do not send
original documents. (Retain them.)
Sign and send the letter to the address below:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530
The Disability Rights Section will consider your complaint and
inform you of its action. The office will investigate the complaint
and determine whether to begin litigation. We will not necessarily
make a determination on each complaint about whether or not there
is an ADA violation. If we believe there is a pattern or practice
of discrimination, or the complaint raises an issue of general public
importance, we may attempt to negotiate a settlement of the matter
or we may bring an action in U.S. District Court. Any such action
would be taken on behalf of the Unites States. We do not act as
an attorney for, or representative of, the complainant.
You also have the option of filing your own case in U.S. District
Court.
Depending on the nature of your complaint, other information would
also be helpful to our investigation:
1. Small businesses have limited protection from lawsuits. Except
with respect to new construction and alterations, no lawsuit can
be filed concerning acts or omissions that occur before—
1) July 26, 1992, by businesses with 25 or fewer employees and
gross receipts of $1,000,000 or less.
2) January 26, 1993, by businesses with 10 or fewer employees and
gross receipts of $500,000 or less.
2. The name or names of the individuals or entities who have an
ownership and/or managerial interest in each facility or business
that is the subject of your complaint, with phone numbers and addresses,
including zip codes, if you have them.
3. Information specifying whether the facility is owned and/or
operated by a private entity or a state or local government.
4. The nature of the activity or service provided by the business.
5. If you are alleging failure to remove architectural barriers,
a description, including as much detail as possible, of the barriers.
If possible, please provide pictures, videotapes, diagrams, or other
illustrations that accurately set forth the alleged violation.
6. Any suggestions for remedying the alleged violations of the
ADA.
7. Information about whether you have filed a related complaint
with a U.S. Attorneys Office, or any other Federal, State, or local
agency, or any court, or whether you intend to file such a complaint.
Privacy Act Statement
The authority for collecting this information is contained in 42
U.S.C. 12188(b). We need this information in order to investigate
your complaint. The personal information will be used primarily
for authorized civil rights compliance and enforcement activities
conducted by the Department of Justice. The Department will not
disclose the name of, or other identifying information about, an
individual unless it is necessary for enforcement activities against
an entity alleged to have violated federal law, or unless such information
is required to be disclosed under the Freedom of Information Act,
5 U.S.C. 552, or as is allowed through the publication of a routine
use in accordance with the Privacy Act of 1974, 5 U.S.C. 552a. To
further the Department's enforcement activities, information we
have about you may be given to appropriate Federal, State, or local
agencies. Additional disclosures of information may be made: to
Members of Congress or staff; to volunteer student workers within
the Department of Justice so that they may perform their duties;
to the news media when release is made consistent with the Freedom
of Information Act and 28 C.F.R. 40.2; and to the National Archives
and Records Administration and General Services Administration to
perform records management inspection functions in accordance with
their statutory responsibilities. Furnishing of the requested information
is voluntary except that the failure to provide such information
may result in our being unable to process your complaint.
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