[nagdu] The Requirement of a Harness

[Steve Johnson]

This is great, but what we do need to watch for, and it is sometimes 
difficult to find, but if that religious organization receives any level of 
federal or state funding say for school lunch programs for instance, this 
will change their requirement to that of a title II entity.  Also, we do see 
many religious organizations serve as meal sites for senior meals which do 
get their funding through this mechanism, or perhaps provide free meals to 
the general public and advertise to the general public like we see here in 
our community, this too can now change their responsibility to that of a 
title III entity.  Very tricky, as it is not always what meets the eye. 
However, if we are just speaking about Sunday services, this may be just 
exactly what it is written as and that is an exempt religious entity.  If 
you need clarification, contact your DBTAC at 1.800.949.4232.

I have worked with many individuals with service animal issues, and I have 
yet to hear where a religious entity denies someone wita service animal 
access.  The www.deltasociety.org site has some good info that defines 
service animal, therapy animal, emotional support and companion animal all 
being very different in terms of how each of their functions are defined. 
Then, we get into the whole public space issue, which if I am guessing 
correctly from the previous correspondences, you may be mistaking that being 
covered under the ADA when we are talking Fair Housing Amendments act issues 
and public spaces in public housing.  Yep, these are required to be 
accessible, but not the churches unless built after 1992 where new 
construction provisions apply and this is specifically looking at the 
architectural accessibility.

Whew!

Steve


----- Original Message ----- 
From: "Marion & Martin" <swampfox1833 at verizon.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Wednesday, October 28, 2009 11:09 AM
Subject: Re: [nagdu] The Requirement of a Harness


> Jenine,
>    The Americans with Disabilities Act specifically exempts religious
> organizations. The pertinent section is pasted below.
>
> SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANIZATIONS.
>
>
>
> 42 USC 12187.
>
>
>
> The provisions of this title shall not apply to private clubs or
> establishments exempted from coverage under title II of the Civil Rights 
> Act
> of 1964 (42
>
> U.S.C. 2000- a(e)) or to religious organizations or entities controlled by
> religious organizations, including places of worship.
>
>
>
> Fraternally yours,
>
> Marion
>
>
>
>
>
>
>
> ----- Original Message ----- 
> From: "Jenine Stanley" <jeninems at wowway.com>
> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Wednesday, October 28, 2009 11:12 AM
> Subject: Re: [nagdu] The Requirement of a Harness
>
>
>> Technically, I believe churches do need to comply with the ADA in the
>> spaces
>> open to the general public. I could be wrong on that one, but I'm pretty
>> sure it is correct.
>>
>> Jenine Stanley
>> jeninems at wowway.com
>>
>>
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