Are Churches Exempt From Accessibility Laws?

Do accessibility laws apply to churches? This is a question that has been asked by many, and the answer is not always clear-cut. In the United States, the Americans with Disabilities Act (ADA) was introduced in 1990 to offer equality for those with disabilities and required public spaces to be accessible to visitors of all abilities. However, the Act does not apply to religious organizations and entities controlled by religious organizations. This means that churches are not required to abide by the ADA's regulations and are exempt from complying with the public accommodation provision. Despite this, some churches have voluntarily adopted the ADA's accessibility standards, and there are several reasons why exempt organizations may choose to comply.

Churches and the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) was introduced in 1990 to ensure that people with disabilities had equal opportunities in all areas of life. The Act prohibits discrimination in several areas, including employment, access to goods and services, and the management of premises. While the ADA applies to a wide range of facilities, including restaurants, bars, and other food-serving establishments, it does not apply to religious organizations and entities controlled by religious organizations. This means that churches are exempt from complying with the public accommodation provision of the ADA.

While churches are exempt from Title III of the ADA, they must comply with portions of the Act, including Title I, which relates to employment. If a religious entity has at least 15 employees, it is covered as an employer by Title I of the ADA and may not discriminate against qualified applicants and employees with disabilities. However, a religious entity may give preference to individuals of its own religion and may require that all applicants and employees follow the entity's religious rules. Members of the clergy and other employees who perform religious duties, such as conducting religious rituals or instruction, are generally excluded from the protections of the ADA under the "ministerial exception." This exception is based on the First Amendment to the Constitution, which protects the free exercise of religion.

Encouraging Compliance

While churches are not required to comply with the ADA's public accommodation regulations, many individuals close to the disabled community encourage them to do so. Jennifer Laszlo Mizrahi, President and CEO of RespectAbility, a nonprofit dedicated to improving the lives of people with disabilities, emphasizes the importance of inclusion and the positive impact it can have on churches and faith communities. Mizrahi points out that one in five Americans has a disability, and by not providing accommodations, churches are missing out on a large group of potential congregation members. In addition, failing to provide accommodations can deter families with loved ones with disabilities from attending church.

Practical Steps Towards Compliance

Churches that want to comply with the ADA can take several steps, including:

• Communicating with contractors when building or remodeling to ensure that local and state regulations are met.
• Addressing the needs of individuals with disabilities and asking how the church can provide a more inclusive environment.
• Following the principles of universal design behind the ADA to make the necessary provisions to welcome everyone.
• Making changes to facilities to remove physical and environmental barriers, such as adding wheelchair ramps, lifts, or elevators, and ensuring that signage is legible to people with visual or cognitive impairments.
• Announcing accessibility features on the church's website and making it clear that people of all abilities are welcome.

The Equality Act 2010

In the UK, the Equality Act 2010 ensures equal opportunities for all in work and wider society, including in churches and church buildings. It protects people from unfair treatment and discrimination in many different areas of life, including disability, sexual orientation, and religion or belief. The Act imposes specific duties and sets out clearly how racial, religious, age, or disability discrimination is unlawful.

The Act requires that service providers, including churches, take reasonable steps to ensure that their buildings and activities are accessible to everyone. This includes making reasonable adjustments to physical features that may inhibit use by disabled people, such as providing ramps, handrails, large-print sheets, and induction loops. It also covers the provision of information, which must be provided in an accessible format.

While the Act promotes inclusion and accessibility, it also provides some exceptions for religious organisations. Religious organisations are allowed to discriminate in certain situations, such as excluding individuals from participating in specific activities or services, restricting membership, or limiting the use of their premises. However, this is only lawful if the organisation can demonstrate that it is necessary for its religious aims or to avoid offending those who share its religious views.

Additionally, separate or single-sex services provided in relation to an organised religion are permitted if necessary to respect the doctrine or principles of the religion or to avoid offending the religious beliefs of a significant number of followers. Nevertheless, acts of worship are not considered "services" under the Act.

Exemptions for religious organizations

Religious organizations are exempt from Title III of the Americans with Disabilities Act (ADA). This includes places of worship such as churches, mosques, and synagogues, as well as other places or programs controlled by religious entities, such as schools, hospitals, and thrift shops. This exemption is very broad and encompasses a wide variety of situations. Even when a religious organization carries out activities that would otherwise make it a public accommodation, it is still exempt from ADA coverage. For example, if a church operates a private school, the school would not be subject to the ADA. The religious entity would not lose its exemption even if the services provided were open to the general public.

However, this exemption does not extend to non-religious tenants of religious organizations. For example, if a private business rents space in a church building and operates a daycare center that is open to the public, the daycare center will be covered by Title III and subject to all its requirements. The church, however, remains exempt.

Additionally, if a religious entity has at least 15 employees, it is covered as an employer by Title I of the ADA and may not discriminate against qualified applicants and employees with disabilities. However, religious entities may give preference to individuals of their own religion and may require that all applicants and employees follow the entity's religious rules.

Members of the clergy and other employees who perform essentially religious duties, such as conducting religious rituals, worship, or instruction, are generally excluded from the protections of the ADA and other employment discrimination laws. This "ministerial exception" is based on the First Amendment to the US Constitution, which limits government interference with the free exercise of religion.

While religious organizations are exempt from certain ADA requirements, it is important to note that they may still be subject to state and local building codes that include accessibility requirements. These codes typically apply to all types of buildings and may be triggered by new construction or alterations to existing buildings.

Furthermore, religious organizations that receive federal funding may be subject to the Rehabilitation Act, which includes provisions that address disability-based discrimination. Such organizations must ensure access to goods and services, make reasonable policy modifications, and communicate effectively with individuals with disabilities.

Accessibility challenges for churches

Churches are often faced with the challenge of making their spaces accessible to people with disabilities. While some countries have legislation that mandates equal access for people with disabilities, such as the Equality Act 2010 in the UK, other countries like the US have exemptions in place for religious organizations.

Legal Exemptions

The Americans with Disabilities Act (ADA), introduced in 1990, has been instrumental in offering equality for those with disabilities and requiring public spaces to be accessible to all. However, the ADA does not apply to "religious organizations and entities controlled by religious organizations". This exemption extends to all facilities, programs, and activities, regardless of their religious or secular nature.

Physical Challenges

Churches, especially those located in older buildings, face unique physical challenges in making their spaces accessible. Steep entryways, narrow staircases, and multi-level worship halls can be difficult to navigate for people with disabilities. Additionally, the financial burden of retrofitting these spaces with accessibility solutions, such as wheelchair ramps or lifts, can be a significant hurdle for churches.

Social and Community Aspects

Inadequate accommodation and inclusion of individuals with disabilities can result in social and community challenges. A lack of inclusion can deter not only individuals with disabilities but also their families and loved ones, impacting church attendance and community engagement.

Recommendations for Improvement

Despite legal exemptions, churches can voluntarily comply with ADA guidelines and take steps to improve accessibility. This can include addressing physical barriers, adopting universal design principles, and engaging individuals with disabilities to understand their specific needs. Additionally, churches can keep ADA guidelines in mind when making changes to their facilities or renting out their spaces to non-religious organizations, which are subject to ADA requirements.

By taking these steps, churches can create a more inclusive and welcoming environment for all members of their community, fostering a stronger sense of community and living up to the biblical principle of loving their neighbors.

Practical steps to improve accessibility

While the Americans with Disabilities Act (ADA) does not apply to religious organizations, churches often want to improve their accessibility to include people of all abilities in their community. Here are some practical steps to improve accessibility:

Parking and Exterior

Designate handicap parking spaces close to the church entrance, ensuring that the adjacent sidewalk can accommodate wheelchairs, either with a level surface or a special dip. This benefits not only those in wheelchairs but also the elderly and people with injuries or other medical conditions who may find it challenging to walk long distances.

Entrances and Exits

Install ramps for wheelchairs and strollers, ensuring they lead to doors that can be easily operated with minimal strength or motor skills. Consider adding buttons or automatic sliding features to doors to make entering and exiting more accessible.

Interior

Evaluate the interior layout to identify potential barriers for people with disabilities. Ensure that individuals with disabilities can navigate doorways, access all rooms, reach different floors using elevators or stairlifts, and utilize facilities such as drinking fountains and bathrooms. Consider removing or rearranging furniture, like pews, to create more space for wheelchairs and walkers.

Signage and Communication

Improve signage by using large, easy-to-read fonts and incorporating braille for individuals with visual impairments. Make announcements, sermons, and other information accessible through multi-sensory methods, such as sign language interpreters, audio induction loop systems, and projected lyrics.

Accessibility for Specific Needs

Be mindful of members with hearing loss, cognitive disabilities, or sensory sensitivities. Consider providing subtitles or transcripts for sermons and video content. Designate a separate section or room for those who prefer a different worship experience, such as those with autism spectrum disorder (ASD) or sensory disorders who may be uncomfortable with close interactions, lengthy services, or loud sounds and flashing lights.

Long-term and Immediate Changes

Prioritize changes based on their impact and feasibility. Some adjustments, like painting accessible parking spaces or adding braille signage, can be implemented immediately or with a modest budget. For more significant changes, such as installing elevators or building ramps, create a long-term plan and budget accordingly.

Frequently asked questions