U.S. Department of Justice
                                Civil Rights Division

T. 4/27/92
JLW:PLB:HJB:Jfh
                                        III-1.5000

                                Washington, D.C. 20530
Ms. (b)(6)
Gainesville, New York 10923

Dear Ms. XX

        This letter responds to your correspondence requesting
information about the application of the Americans with
Disabilities Act (ADA) to churches. The ADA authorizes the
Department of Justice to provide technical assistance to
individuals or entities having rights or responsibilities under
the Act. This letter provides informal guidance to assist you in
understanding the ADA's requirements. However, it does not
constitute a legal interpretation, and it is not binding on the
Department.

        Section 307 of the ADA provides that "[t]he provisions of
this title shall not apply to . . . religious organizations or
entities controlled by religious organizations, including places
of worship." As noted in the preamble to the ADA title III
regulation:

        [T]he 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
        otherwise make it a public accommodation, the religious
        organization is exempt from ADA coverage. Thus, if a
        church itself operates . . . a private school, or a
        diocesan school system, the operations of the . . .
        school or schools would not be subject to the ADA or
        [the title III regulations]. 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.



cc: Records; OADA; Wodatch; Breen; Beard; Arthur

01-00752

                          - 2 -

56 Fed. Reg. 35,554 (July 26, 1991).

        Nonreligious entities may be subject to title III when
operating places of public accommodation in the facilities of a
religious organization. A nonreligious entity running a place of
public accommodation -- such as a community theatre in a church
auditorium -- is exempt when the space is donated by the church.
However, the public accommodation (i.e. the community theatre) --
but not the church itself -- is covered when the space is rented
(for money or any other consideration) from the church. See 56
Fed. Reg. 35,554 (July 26, 1991); Department of Justice ADA Title
III Technical Assistance Manual SIII-1.5200 (1992).

        A religious entity, however, is not exempt from the
employment requirements of title I of the ADA, which go into
effect on July 26, 1992, if it has 25 or more employees.
Moreover, if a religious entity receives Federal funds, it is
subject to section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. S794, which prohibits disability
discrimination in federally assisted programs.

        I hope that this information is useful to you in
understanding the requirements of the ADA.


                                Sincerely,
                             Philip L. Breen
                          Special Legal Counsel
                Office on the Americans with Disabilities Act
01-00753