by Kevin Burton
Can something be legal and also criminal?
A blind woman in Bryan, Texas was denied access to a church in June because of her guide dog. This was legal, due to an ADA exemption I had no idea existed.
But what would Jesus have done?
That’s not even a question. Jesus went out of His way to accommodate people who society deemed inconvenient for one reason or another.
Christians exist in two realms, the physical and the spiritual. There are laws set forth in the Bible and there are laws put in place by the state. Sometimes they contradict.
Believers have to navigate these two worlds, keeping everything straight. It’s no mean feat, impossible without guidance of the Holy Spirit.
Unbelievers sometimes misunderstand the motivations of Christians, because spiritual blindness blocks crucial information from them.
So the exclusion of this woman, Mari Ramos, and her guide dog was legal according to federal law, criminal by God’s standards. A church is supposed to be in the business of seeing souls saved.
Ramos, told her story to KBTX-TV. Their television piece did not mention which church excluded her. I can not begin to tell you how much I hate that. My policy is to name and shame. The church broke no laws, but I would have liked for people to know who it is and what their (misplaced) priorities are.
I’ll let that go for now, as I can only stand on one soap box at a time.
Here is part of the story by KBTX-TV in Bryan, Texas
– “A Texas woman who is blind depends on her service dog, Betty, to navigate life, but didn’t expect to be turned away from worshiping.
“The Americans with Disabilities Act protects Mari Ramos and Betty to ensure they can go places together and access life just like anyone else. When Ramos attended church on Sunday, however, leaders exercised their right not to comply with the ADA rules.
“I had somebody say to me on Sunday, well I’m not denying you. I’m denying your service animal. Well by extension you are denying me because Betty and I are a cohesive unit,” Ramos said.
Ramos learned religious institutions are specifically exempt from ADA compliance. She’s sharing her story because she wants to ensure no one is left feeling the way she was feeling on Sunday.
“There was just this feeling of being turned away, this feeling of embarrassment, this feeling of being excluded from something,” she said.
River’s Edge Dog Academy owner Terry Cadle said many people don’t know the rules or trust that a service animal is real.
“There needs to be understanding that these service animals are vital in a person’s life,” he said. “They become their right-hand man, take them everywhere do everything with them.”
“According to ADA compliance, state and local governments, businesses, and non-profits generally must allow service animals.”
“When a location is approached by a service animal, laws prevent asking for certification or proof of task. Specific exclusions on allowing service dog entry include some religious entities and certain areas of hospitals.”
“Ramos said leaders of the church wouldn’t allow Betty due to a band and flashing lights not being ‘appropriate’ for a service animal, but she feels the handler should decide what’s appropriate for her pup.
Here is some ADA information from http://www.adata.org:
Religious Entities Under the Americans With Disabilities Act
Religious Entities
Religious entities include places of worship, such as mosques, synagogues, and churches. Additionally, other places or programs controlled by religious entities (such as schools, hospitals, day care centers, adoption agencies, thrift shops, shelters, and food banks), are also considered religious entities.
Title III of the ADA: Public Accommodations
What does Title III of the ADA cover?
Title III covers private businesses that own, lease, lease to, or operate any of twelve types of “places of public accommodation.” Examples include hotels, restaurants, theaters, shopping centers, banks, museums, zoos, day care centers, private schools, and health spas. Title III also covers private businesses that offer classes or tests related to applications, licensing, certification, or credentialing for secondary or post-secondary education, professional, or trade purposes. Examples include the GED, SAT, GRE, LSAT, and MCAT tests, as well as classes designed to prepare students to take these examinations.
Title III addresses disability-based discrimination, including ensuring access to goods and services, making reasonable policy modifications, and communicating effectively with individuals who have vision, hearing, or speech disabilities.
Are religious entities covered by Title III of the ADA?
No, religious entities are completely exempt from Title III of the ADA. All of their facilities, programs, and activities, whether they are religious or secular in nature, are exempt.
Are religious entities’ programs covered by Title III if they are open to the general public?
No. For example, if a religious entity controls a school that is open to both members and non-members of the religious entity, the school is still considered a religious entity and is exempt from Title III. Likewise, if a religious entity holds an event, such as a festival or performance, which is open to the general public, it is exempt.
What if a non-religious agency or business operates in space rented from a religious entity?
The religious entity’s exemption does not extend to a non-religious tenant.
For example, if a private business rents space in a religious entity’s building and operates a day care center that is open to the general public, the day care center will be covered by Title III and subject to all its requirements. The religious entity, however, remains exempt even though it “leases to” a covered business.
Similarly, if a state or local government offers a program or activity at a religious entity’s facility, like a polling place located at a church, the religious entity is exempt. The state or local government, under Title II, is responsible for compliance with the ADA in relation to that program or activity.
What’s in a name?
It’s important to note that the names of organizations or facilities do not necessarily mean they are religious entities.
- There are many businesses with religious-sounding names that are not controlled by, or associated with, religious entities. Some of these places were founded by religious entities, but are no longer controlled or operated by them; private businesses have taken over and simply kept the traditional names.
- Some businesses, like an independent book store that specializes in religious literature, choose religious-sounding names to indicate the nature of the business.
- Still other religious-sounding business names are simply based on geographic locations with names based on biblical or other religious references, from St. Augustine to Zion National Park.
Whether the ADA applies to an organization does not depend on its name, but rather on how it operates and by whom it is controlled.
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