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NCHPAD - Building Healthy Inclusive Communities

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Applicability to Public and Private Entities


The general concepts discussed above apply to private entities, such as a Gold's Gym or Bally's Fitness Center under Title III of the ADA, and to a YMCA or a Boy's and Girl's Club under Title III as well. The concepts above are principally drawn from Title II of the ADA. Congress intended units of state and local government to act quicker and have a higher threshold for ADA compliance than Title III agencies. For example, a small gym with a $700,000 operating budget may more easily show undue economic burden than a gym managed by a city parks and recreation department with a $7 million budget, within a city with a $35 million budget.

Only two types of entities are exempt from the ADA provisions discussed here: private clubs (where membership requires a nomination and a substantial initial fee, along with substantial annual obligations) and religious organizations (arguably a church basketball league for members of the church only might fit this very narrow exception). However, remember that the ADA does not exist in a vacuum: state or local laws may apply similar nondiscriminatory requirements to churches and private clubs.


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