[nagdu] Exemption for Private Clubs and Religious Organizations

Wed Jan 18 13:43:50 UTC 2012

Steven,
    This is great information! Thanks so much for sending this on to us!
Fraternally yours,
Marion


----- Original Message ----- 
From: "Steven Johnson" <blinddog3 at charter.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Tuesday, January 17, 2012 7:15 PM
Subject: Re: [nagdu] Exemption for Private Clubs and Religious Organizations


> 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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>
>
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