July 21, 2024

Our synagogue and the Americans for Disabilities Act (ADA)

IS OUR SYNAGOGUE EXEMPT from the A.D.A., as a religious entity? Yes and no. While our own programs are exempt, the activity of any non-religious body that rents space from us appears to be subject to the A.D.A.

Hence our ability to lease our (downstairs) facilities depends upon our accommodation to A.D.A. requirements.

Below the jump, this post excerpts the more formal language on the official website ada.gov.

Section 36.102(e) of the rule states that the rule does not apply to any religious entity (defined in section 307 as “a religious organization or entity controlled by a religious organization, including a place of worship”).

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, the operations of the center would not be subject to the requirements of the ADA or this part. The test is whether the church operates the public accommodation, not which individuals receive the public accommodation’s services.

Although 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, the ADA applies to the activities of the local community group if a lease exists and consideration is paid.

SOURCE:  https://www.ada.gov/law-and-regs/design-standards/1991-design-standards/ (search for “church” on that page)

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