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Does Title III of the ADA apply to Religious Entities?

No. Religious entities are exempted from Tile III of the Americans with Disabilities Act. The United States Code states that “[t]he provisions of [the ADA] shall not apply…to religious organizations or entities controlled by religious organizations, including places of worship.” (42 U.S.C. §12187).

Therefore, churches, temples, and synagogues, are exempt and therefore not governed by Title III of the ADA.

In addition, this exemption is very broad and includes more than simply literal places of worship. The exemption has also been found to schools or social service programs. (White v. Denver Seminary, 157 F. Supp. 2d 1171 (D. Colo. 2001)).

Can a private business get around the requirements of the ADA by leasing from a religious entity landlord?

No. If a private business rents their place of business from a religious entity landlord, then although the religious entity landlord will be exempt from the requirements of Title III, the private business tenant will not be exempt. (ADA Title III Technical Assistance Manual § III-1.5200).

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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.

These blogposts shall not be constituted as legal advice and are for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. In addition, these blogposts are not updated, or edited, after the date of their initial post, and as such, the information contained within them may be outdated. Consult with your own personal attorney for more information on the subject matters.