[nagdu] Exemption for Private Clubs and Religious Organizations

Wed Jan 18 00:15:20 UTC 2012

Here is information from the Title III ADAAG, Americans with Disabilities
Act Accessibility Guidelines addressing ADA Exemptions.  I hope this helps a
little bit more.

III-1.5000 Religious entities. Religious entities are exempt from the
requirements of title III of the ADA. A religious entity, however, would be
subject to the employment obligations of title I if it has enough employees
to meet the requirements for coverage.

III-1.5100 Definition. A religious entity is a religious organization or an
entity controlled by a religious organization, including a place of worship.

If an organization has a lay board, is it automatically ineligible for the
religious exemption? No. The exemption is intended to have broad
application. For example, a parochial school that teaches religious doctrine
and is sponsored by a religious order could be exempt, even if it has a lay
board.

III-1.5200 Scope of exemption. The exemption covers all of the activities of
a religious entity, whether religious or secular.

ILLUSTRATION: A religious congregation operates a day care center and a
private elementary school for members and nonmembers alike. Even though the
congregation is operating facilities that would otherwise be places of
public accommodation, its operations are exempt from title III requirements.

What if the congregation rents to a private day care center or elementary
school? Is the tenant organization also exempt? The private entity that
rents the congregation's facilities to operate a place of public
accommodation is not exempt, unless it is also a religious entity. If it is
not a religious entity, then its activities would be covered by title III.
The congregation, however, would remain exempt, even if its tenant is
covered. That is, the obligations of a landlord for a place of public
accommodation do not apply if the landlord is a religious entity.

If a nonreligious entity operates a community theater or other place of
public accommodation in donated space on the congregation's premises, is the
nonreligious entity covered by title III? No. A nonreligious entity running
a place of public accommodation in space donated by a religious entity is
exempt from title III's requirements. The nonreligious tenant entity is
subject to title III only if a lease exists under which rent or other
consideration is paid.

III-1.6000 Private clubs. The obligations of title III do not apply to any
"private club. " An entity is a private club for purposes of the ADA if it
is a private club under title II of the Civil Rights Act of 1964, which
prohibits discrimination on the basis of race, color, and national origin by
public accommodations.

Courts have been most inclined to find private club status in cases where --

1) Members exercise a high degree of control over club operations.

2) The membership selection process is highly selective.

3) Substantial membership fees are charged.

4) The entity is operated on a nonprofit basis.

5) The club was not founded specifically to avoid compliance with Federal
civil rights laws.

Facilities of a private club lose their exemption to the extent that they
are made available for use by nonmembers as places of public accommodation.

ILLUSTRATION: A private country club that would be considered a "private
club" for ADA purposes rents space to a private day care center that is also
open to the children of nonmembers. Although the private club would maintain
its exemption for its other operations, it would have title III obligations
with respect to the operation of the day care center.

III-1.7000 Relationship to title II. Public entities, by definition, can
never be subject to title III of the ADA, which covers only private
entities. Conversely, private entities cannot be covered by title II. There
are many situations, however, in which public entities stand in very close
relation to private entities that are covered by title III, with the result
that certain activities may be affected, at least indirectly, by both
titles.

ILLUSTRATION 1: A State department of parks provides a restaurant in one of
its State parks. The restaurant is operated by X Corporation under a
concession agreement. As a public accommodation, X Corporation is subject to
title III of the ADA. The State department of parks, a public entity, is
subject to title II. The parks department is obligated to ensure by contract
that the restaurant will be operated in a manner that enables the parks
department to meet its title II obligations, even though the restaurant is
not directly subject to title II.

ILLUSTRATION 2: The City of W owns a downtown office building occupied by
W's Department of Human Resources. The first floor is leased as commercial
space to a restaurant, a newsstand, and a travel agency. The City of W, as a
public entity, is subject to title II in its role as landlord of the office
building. As a public entity, it cannot be subject to title III, even though
its tenants are public accommodations that are covered by title III.

ILLUSTRATION 3: A private, nonprofit corporation operates a number of group
homes under contract with a State agency for the benefit of individuals with
mental disabilities. These particular homes provide a significant enough
level of social services to be considered places of public accommodation
under title III. The State agency must ensure that its contracts are carried
out in accordance with title II, and the private entity must ensure that the
homes comply with title III.

Where public and private entities act jointly, the public entity must ensure
that the relevant requirements of title II are met; and the private entity
must ensure compliance with title III.

ILLUSTRATION: The City of W engages in a joint venture with T Corporation to
build a new professional football stadium. The new stadium would have to be
built in compliance with the accessibility guidelines of both titles II and
III. In cases where the standards differ, the stadium would have to meet the
standard that provides the highest degree of access to individuals with
disabilities

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Pickrell, Rebecca M (TASC)
Sent: Tuesday, January 17, 2012 1:38 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Exemption for Private Clubs and Religious Organizations

Sort of.
So if say I had the money to join a country club, and I had the
recommendations to join the country club, could whoever is in charge say "no
blind people" and get away with it?
Still not sure I totally understand.

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Steven Johnson
Sent: Thursday, January 12, 2012 7:51 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Exemption for Private Clubs and Religious Organizations

Basically, as defined under the ADA, it is one that has exclusive
membership.  For instance, one that an individual pays dues at...a country
club for instance.    However, by knowing one's facts, we do sometimes see
organizations trying to sneak by and using this as an allowance...take for
instance, the YMCA as I recall a case from a few years ago that denied a
service dog access and used this.  Although it does have membership, it is
not exclusive membership as anyone can from the public can purchase such a
membership...unlike the country club example.

Does this help a little?

Steve

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Pickrell, Rebecca M (TASC)
Sent: Thursday, January 12, 2012 9:44 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Exemption for Private Clubs and Religious Organizations

So can aprivate club not allow someone because of race or disability?

I thought that a private club could exclude anybody they wanted but it
couldn't be based on something the person can't control like race.
Can you explain?
And what constitutes a private club?

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Marion Gwizdala
Sent: Thursday, December 29, 2011 9:19 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Exemption for Private Clubs and Religious Organizations

    Julie's assessment of the separation of church and state is correct as
it pertains to religious institutions and places of worship. As it relates
to private clubs, the private club has the right to set its own membership
criteria and exclude whomever they wish. Although we may not want to join a
private club that excludes people who use service animals or those who use
wheelchairs, but we may also not want to join clubs that exclude Jews,
blacks, homosexuals, Polocks, or those with other characteristics.
Similarly, there are those who want to join such clubs and that is their
right of association and free speech.

Fraternally yours,
Marion Gwizdala

----- Original Message -----
From: "Julie J." <julielj at neb.rr.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users"
<nagdu at nfbnet.org>
Sent: Thursday, December 29, 2011 4:43 PM
Subject: Re: [nagdu] Exemption for Private Clubs and Religious Organizations

> Sheila and all,
>
> The rationale of the exemption of places of worship from the ADA stems 
> from the principle of the separation of church and state.
>
> Having said that, I, personally, would not attend a place of worship 
> where my guide was not welcome no matter that the law gives them the 
> option of exclusion.
>
> Julie
>
>
> On 12/28/2011 8:08 PM, Sheila Leigland wrote:
>> I understand about clubs if you don't pay why be at there activities.
>> I won't choose betreen my having and using my guide dog and a church.
>> If my dog isn't welcome at a church I won't be attending that church.
>>
>> Sheila Leiglan d
>>
>> _______________________________________________
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>>
>
>
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> net

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