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Subject:
From:
Bobby Greer <[log in to unmask]>
Reply To:
St. John's University Cerebral Palsy List
Date:
Fri, 5 Jan 2001 22:42:51 EST
Content-Type:
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O K, I looked up the regutions of the ADA applying to Title III Private
entitities and found the following related to "religious entities":

The URL is: http://www.usdoj.gov/crt/ada/taman3.html

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 o

Bobby

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