Department of Justice
ADA Title III Regulation 28 CFR Part 36
ADA Standards for Accessible Design

 PART 36 -- NONDISCRIMINATION ON THE BASIS OF DISABILITY BY
 PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES

 Subpart A -- General

 Sec.36.102 Application.

 (e) Exemptions and exclusions. This part does not apply to any private
club
 (except to the extent that the facilities of the private club are made
 available to customers or patrons of a place of public accommodation), or
to
 any religious entity or public entity.

 Religious entity means a religious organization, including a place of
worship.

 "Religious entity.'' The term "religious entity'' is defined in accordance
 with section 307 of the ADA as a religious organization or entity
controlled
 by a religious organization, including a place of worship. Section
36.102(e)
 of the rule states that the rule does not apply to any religious entity.

 The ADA's exemption of religious organizations and religious entities
 controlled by religious organizations is very broad, encompassing a wide
 variety of situations. Religious organizations and entities controlled by
 religious organizations have no obligations under the ADA. Even when a
 religious organization carries out activities that would othervise make it
a
 public accommodation, the religious organization is exempt from ADA
 coverage.

 Thus, if a church itself operates a day care center, a nursing home, a
private
 school, or a diocesan school system, the operations of the center, home,
 school, or schools would not be subject to the requirements of the ADA or
this
 part. The religious entity would not lose its exemption merely because the
 services provided were open to the general public. The test is whether the
 church or other religious organization operates the public accommodation,
 not which individuals receive the public accommodation's services.

 Religious entities that are controlled by religious organizations are also
 exempt from the ADA's requirements. Many religious organizations in the
United
 States use lay boards and other secular or corporate mechanisms to operate
 schools and an array of social services. The use of a lay board or other
 mechanism does not itself remove the ADA's religious exemption. Thus, a
 parochial school, having religious doctrine in its curriculum and
sponsored by
 a religious order, could be exempt either as a religious organization or
as an
 entity controlled by a religious organization, even if it has a lay board.
The
 test remains a factual one -- whether the church or other religious
 organization controls the operations of the school or of the service or
 whether the school or service is itself a religious organization.

 Although a religious organization or a religious entity that is controlled
by
 a religious organization has no obligations under the rule, a public
 accommodation that is not itself a religious organization, but that
operates a
 place of public accommodation in leased space on the property of a
religious
 entity, which is not a place of worship, is subject to the rule's
requirements
 if it is not under control of a religious organization. When a church
rents
 meeting space, which is not a place of worship, to a local community group
or
 to a private, independent day care center, the ADA applies to the
activities
 of the local community group and day care center if a lease exists and
 consideration is paid.