T.   2-10-94




XX                                            FEB    1994


(b)(6)

XX
XX
Orchard, Texas 77464

Dear  XX

     I am writing in response to your inquiry about the
application of title III of the Americans with Disabilities Act
(ADA) to the construction of a building owned by a religious
organization.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA. However, this technical assistance does
not constitute a legal interpretation of the statute and it is
not binding on the Department.

     Section 36.102 (e) of the Department's implementing
regulation for the title III of the ADA states that title III,
which prohibits discrimination on the basis of disability by
public accommodations and in the construction of commercial
facilities, "does not apply to ... any religious entity." The
Department's Title III Technical Assistance Manual clarifies the
definition of "religious entity" and explains the scope of the
exemption. I have enclosed a copy of the Technical Assistance
Manual. Sections III-1.5000 to III-1.5200 address the exemption
of religious entities.

     I hope that this information is helpful to you.

                                   Sincerely,



                                Janet L. Blizard
                              Supervisory Attorney

Enclosure


cc: Records, Chrono, Wodatch, Blizard, FOIA, Library
n:\udd\blizard\adaltrs\  XX
                        (b)(6)

01-02921