Are private membership clubs required to follow the ADA?
No. Private membership clubs are exempt from ADA obligations and requirements.
What is a private membership club?
A private membership club is an organization not typically open or available to the public. They are formed for particular social and recreational purposes and controlled by the membership. When courts consider whether an organization is a “private membership club” they consider the following:
- The degree to which members control the club operations
- The selectivity of the membership process
- Whether substantial memberships fees are charged
- Whether the organization is operated on a nonprofit basis
- To what extent the facilities are open to the public
- To what extent the club receives public funding
Are fraternities or sororities except because they are private clubs?
It depends!
- Fraternities and sororities owned or operated by private post-secondary institutions are covered by Title III because they would be considered part of the school.
- Fraternities and sororities owned and operated by a public institution are covered by Title II of the ADA.
- If the fraternity or sorority is independently owned and operated, it is except from Title III of the ADA.
