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JUL 6, 1993

The Honorable Dave Camp
Member, U.S. House of Representatives
135 Ashman
Midland, Michigan 48640

Dear Congressman Camp:

This letter is in response to your inquiry on behalf of the
Gordonville United Methodist Church of Midland, Michigan, Which
seeks information on any available funding to assist the Church
in installing an elevator to comply with the Americans with
Disabilities Act (ADA).

The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance about the application of the ADA; however, this
technical assistance does not constitute a determination by the
Department of the rights or responsibilities of any individual
under the ADA, and it is not binding on the Department.

No Federal funds have been appropriated to cover the cost Of
ADA compliance by covered entities, even though the Internal
Revenue Code, as amended in 1990, does allow a deduction of up to
$15,000 per year for expenses associated with the removal of
qualified architectural and transportation barriers and permits
eligible small businesses to receive a tax credit for certain
costs associated with ADA compliance. However, it well may be
that this has no relevance to the Church because religious
entities are exempt from the requirements of title III of the

The exemption covers all of the activities of a religious
entity, whether religious or secular. In addition, a private,
nonreligious entity operating a place of public accommodation in
a religious entity's space. free of charge is also exempt from

cc: Records; Chrono; Wodatch; Blizard; McDowney; FOIA. MAF.


title III's requirements. On the other hand, a private,
nonreligious tenant operating a place of public accommodation in
a religious entity's facility is subject to title II if a lease
exists under which rent or other consideration is paid.

If the Church rents its facility to a private, nonreligious
entity that operates a place of public accommodation (e.g., a day
care center) in the Church's facility, the entity operating the
place of public accommodation is required to comply with title
III. The Church, however, remains exempt, even if its tenant is
covered. That is, the title II obligations of a landlord for a
place of public accommodation do not apply if the landlord is a
religious entity.

For your information, I have-enclosed copies of the
Department of Justice regulation implementing title III of the
ADA and the Department's Title II Technical Assistance Manual.
I hope that this information is helpful to you in responding to
your constituent.


James P. Turner
Acting Assistant Attorney General
Civil Rights Division


01-02442​ Congress of the United States
House of Representatives
Washington, DC 20515-2204

May 28, 1993

Mr. Christopher Rizzuto
Congressional Liaison
United States Department of Justice
633 Indiana Avenue NW
Washington, D.C. 20531

Dear Mr. Rizzuto:

I am writing on behalf of the Gordonville United Methodist Church
in Midland, Michigan who have contacted my office for assistance.

The Church is interested in locating funding which would assist
them in the installation of an elevator so that they are in
compliance with the ADA. I would appreciate any information you
can provide on programs offered through then Department of Justice
to assist them. You may direct your reply to me at my Midland
District Office.

Thank you for your time and attention in this matter.


Member of Congress


cc: Ms. Ginger Kruger