SEP 22 1992
The Honorable Bob Dole
United States Senator
444 S.E. Quincy
Topeka, Kansas 66683                         
                                                  
Dear Senator Dole:

     This letter is in response to your inquiry on behalf of your
constituent, Frank Buehler, Chairman of the Claflin United
Methodist Church Administrative Council. Mr. Buehler asks about
the application of the Americans with Disabilities Act (ADA) to
the Church.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that are subject
to the Act. Therefore, this letter provides informal guidance to
assist you in responding to your constituent. However, this
technical assistance does not constitute a legal interpretation
by the Department and it is not binding on the Department.

     Section 307 of the ADA specifically provides that religious
organizations and entities controlled by religious organizations
are not subject to the provisions of the ADA. Thus, the Claflin
United Methodist Church is not required to make improvements
increasing accessibility for individuals with disabilities.
Further, any improvements the Church voluntarily chooses to make
would not need to comply with ADA standards. However,
nonreligious entities may be subject to title III if they conduct
activities in the Church facilities. Enclosed are the
Department's Title III Technical Assistance Manual and the
Department's implementing regulation for further guidance. A
discussion of the religious exemption may be found on pages 4-5
of the Technical Assistance Manual and page 35,554 of the
regulation.

cc: Records Chrono Wodatch Magagna Foran McDowney FOIA
Friedlander:udd:foran:dolecongressional





                   

                              -2-
          For information regarding voluntary measures by religious
organizations to improve access for persons with disabilities,
you may wish to direct Mr. Buehler's attention to a handbook
published by the National Organization on Disability entitled
"That All May Worship: An Interfaith Welcome to People with
Disabilities." A copy of the handbook can be obtained by
writing: National Organization on Disability, Religion and
Disability Program, 910 16th Street,  N.W. Suite 600, Washington,
D.C. 20006.

     I hope this information is helpful in responding to your
constituent.             

                         Sincerely,

                         James P. Turner
                 Acting Assistant Attorney General
                       Civil Rights Division

Enclosures (2)
























                         FRANK BUEHLER
                         P.O. BOX 317
                   CLAFLIN, KANSAS 67525
                         JULY 25, 1992


Senator Bob Dole
141 Hart Senate Office Bldg.
Washington, D. C. 20510

Dear Bob:
     The Claflin United Methodist Church anticipates making
some improvements relative to accessibility for those who may
have physical handicaps. One of the people who sell the
equipment we are looking at tells us that we will at some
point in time need to comply with Federal mandates pertaining
to access for the handicapped.

     In order to help us reach a decision on what equipment
to install,  we would like to know if there is in fact some
federal requirement, and if so, to what extent would it apply
to a Church building that is used exclusively for worship
purposes, as opposed to a facility that is rented or made
available for public use.

     Could you ask one of your staff to research this problem
and inform me of your determination? Since we are currently
involved in. this consideration, a quick response would
expedite our ability to proceed.

     Claire and I are both doing well and we look forward to
seeing and working for you in the upcoming campaign.

                         With Best Regards

                         Frank Buehler, Chairman
                         Claflin United Methodist Church
                         Administrative Council