answersLogoWhite

0


Best Answer

No. Churches and their public functions are exempt from the ADA Title III.

Which means that even public events do not have ADA protections.

Service Dog users must ASK before entering, it is up to the church.

Some faiths view all dogs as dirty and ban them from the property, including service dogs. If you work for a large church, you may bring your service dog to work under Title I.

Title I=Work, Title II=Gov, Title III=Public

Religious Organizations Are Exempt Under Title III of the ADA

The ADA's exemption of religious organizations and religious entities controlled by religious organizations is very broad, encompassing a wide variety of situations. Religious organizations and entities controlled by religious organizations have no obligations under the ADA. Even when a religious organization carries out activities that would otherwise make it a public accommodation, the religious organization is exempt from ADA coverage. Thus, if a church itself operates...a private school, or a diocesan school system, the operations of the...school or schools would not be subject to the ADA or [the title III regulations]. The religious entity would not lose its exemption merely because the services provided were open to the general public. The test is whether the church or other religious organization operates the public accommodation, not which individuals receive the public accommodation's services.

56 Fed. Reg. 35,554 (July 26, 1991).

This exemption for the facilities of religious organizations does not extend to non-religious entities that rent facilities owned by religious organizations.

Religious Organizations Are NOT Exempt Under Title I of the ADA

In addition, it is important to note that religious organizations are covered as employers under Title I of the ADA. Title I covers all employers with 15 or more employees. Under Title I, a religious organization may need to make modifications to a religious building to accommodate an employee with a disability even though they do not have to modify the building to accommodate other members of the public. Making facilities accessible for employees with a disability is considered a "reasonable accommodation" under Title I of the ADA.

One other thing of importance with regards to churches and service animals one area that many forget is that although the ADA does not directly influence churches and accessibility for service animals or other needs of the disabled is the area of public funding. In accordance to ADA any entity receiving public funding cannot deny access to the disabled to include those that require service dogs. Many people do not realize how much public or private funding their church operates from. All too often churches apply for federal and local government for grants and other public funding for their various services and projects in their communities. Churches can deny allowing an individual with a service dog but the government can also refuse or deny any public funding for non compliance with the ADA.

User Avatar

Wiki User

12y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

12y ago

Answer: Yes, and no. Yes, a church or private club can deny access to service dogs. However, and this is the good part, if the church or private facility is given public funding - as in government loans or grant, they are required to adhere to the same ADA rules as all other businesses. So the church or private club can deny access, but at the same time, the government can always pull their funding because of the refusal.

A couple things to add. If the church is renting the building, it is still considered a public place and they need to allow you. Also, if the church or other house of worship is renting out their space to another party and charging for it such as for a wedding, then for that period of time, it's considered a public place and your service dog will be allowed.

With most houses of worship, if you call them the week ahead of time and ask permission most will be okay with your service dog. But some will say no.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can a service dog be denied access to a church?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Do you have to allow access to service dogs at non profit timeshare?

Short answer: YES. A Service Dog is used by a person with a disability as an Assistive Device--would the person be denied access if they were in a wheelchair? using a cane? using hearing aids? They wouldn't, therefore access for the person with a disability using an assistive device should not be dis-allowed due to the nature of the device (being a Service Dog). However, if the non-profit timeshare is a religious entity (a church or associated buildings), the answer becomes more problematic, and not easily answered through Answers.com. It would be best to look for legal guidance.


When is a dog not a dog?

Any time it is something other than a dog. See the related questions for additional information on what else a dog might be: "What is a dog when it's not a dog?" "Is a dog a dog?" and "Is my dog a dog?"


Can pittbulls be used as a service dog?

Yes. Any dog can be used for a service dog provided they are trained appropriately for that particular service and they meet all the nationally required standards for public access. Also, provided that there is not an ordinance banning the dog. You would have to be very careful not to take a pit bull service animal any place they are banned.


Why would someone deny a person service at Walmart?

"I'd say that the reason a person was denied service at Walmart is probably because they weren't following the rules in the store. For example: not wearing a shirt/shoes, with a dog etc."


Can a great Pyrenees be a service dog?

Absolutely! Provided they have the needed training and temperament. They have to be able to pass the access test and not be aggressive.


Why do service dogs wear a vest?

Service dogs wear a vest so that they are easily identified. It is not required by the federal law, but it does make access easier. It also helps the dog differentiate from "work" and "play". When the vest is on - they are working. It is not ok, however, to put a vest on just any dog and claim that it is a service dog. That does a disservice to those who truly need the dog.


Can service dogs be trained while living with the future owner patient?

A disabled person may train their own service dog. But check your state laws first. Not all states allow public access with a service dog in training and some only allow if you are with a professional service dog program. The ADA does not cover service dogs in training. It is suggested that all service dogs be trained to the standards of Assistance Dogs International (ADI)


What is the fastest way to receive a service dog?

Getting a service dog is not a fast process. Some schools have a waiting list 5 years long. Be very thorough on your application and do lots of research first. However, a disabled person may train their own service dog. But check your state laws first. Not all states allow public access with a service dog in training and some only allow if you are with a professional service dog program. The ADA does not cover service dogs in training. It is suggested that all service dogs be trained to standards of Assistance Dogs International (ADI).


Do the regulations that apply to service animals also apply to young service dogs in training?

Do Service animals in Training have the same access rights as fully trained Service Dogs?It depends on which state you are in. The Americans with Disabilities Act, defines Service Dog, and discusses what access rights a Service Dog has--but is silent about Service Dogs in Training. Therefore, you will have to find your State laws which would define Service Dogs.It is often hard to find those laws--because Service Dogs/in Training are often referred to in a term other than Service Dog/in Training. Also, state law portals can change. One site which attempts to keep up-to-date on Service Dog laws is here:http://www.psychdog.org/lifestyle_statelaws.htmlI would suggest that you read the laws for yourself--to see what the state law really says. There are sites (and booklets), which purport to cover each states law--but sometimes, those sites and booklets, leave out important information which is stated in the law.Also, know that a Service Dog is a Service Dog is a Service Dog--it does NOT matter what your disability is--according to the ADA--A Service Animal is any animal individually trained to do work OR perform tasks for a person with a disability... [emphasis mine--possibly paraphrased].


Do you need a license to have a service dog?

You do not need a specialized licence that says "service dog" for a service dog. Any that you buy online are legally worthless and a waste of money. What you do need is to licence your dog with your state, as every dog owner in your state is required to do, and let them know that this dog has been trained to be your service dog. Some may require proof of your qualifications to have a service dog or ask questions about what tasks your service dog performs for you. The federal government does not require that any service dog be certified by any organization or take any test to be "granted" public access. As long as you are qualified to have a service dog (you must be legally disabled under ADA standards to legally have one) and the dog is extensively and highly trained to be a service dog (some states allow service dogs still "in training" the same public access as fully trained service dogs) plus task trained to mitigate your disability, the dog is a legal service dog and you are permitted in public with it. Any business online that sells certifications, registrations, ID's, licenses or vests that instantly make your dog a service dog are complete scams. What they sell is for novelty purposes only and will hold no legal weight in court should you be accused of portraying your pet as a service dog or being unqualified to have one. Save your money. It takes around two years of hard work to train a service dog. It's not something that can be rushed. If you try you could burn out the dog and have to wash it out of training.


What can you not ask a handler of a service dog?

You can NEVER ask a Service Dog handler, what disability they have. There are only two questions that businesses may ask a service dog team. 1. Is that a service dog? or my favorite 'Is that your pet?', the answer should be service dog. 2. What task does the dog perform for you? Valid answers vary: guide, hearing, medical alerts or for a medical condition. This answer may be vague to hide the persons disability, as long as the dog is trained to do a specific task to assist the disabled handler the dog is a legal service dog. The second question should only be asked if there are doubts to the validity of the dog. ESA (Emotional Support Animals) and Therapy Dogs do not have ADA protections in public, they are trained pets. Service Dogs are for the Disabled, period. The handler must be legally disabled to have the dog. Some states allow trainers public access. Pets posing as service dogs have stiff penalties in most states, up to 2 month in jail in FL.


Can an Belgian Malinois be a guide dog?

Any type of dog can be a service dog. The most common service dog breed is the Labrador Retriever. It also depends on the temperament of the dog. For example, you would not want a highly energetic dog who does not listen to commands to become a service dog. A dog should be properly trained and (and possibly certified) to become a service dog.