Are religious organizations exempt from the ADA?

For Title III (public accommodations), yes — 42 U.S.C. § 12187 specifically exempts religious organizations and entities controlled by them. The exemption applies to religious activities and the religious entity itself, but a religious organization that operates a public-accommodation business (e.g., a daycare or fitness center open to the public) may lose the exemption for that activity. The exemption does NOT extend to ADA Title I employment.

Are small businesses exempt from the ADA?

No. ADA Title III applies to all places of public accommodation regardless of size. The 15-employee threshold relates to ADA Title I (employment). For web/digital accessibility, there is no size-based exemption under Title III. The European Accessibility Act has a microenterprise exemption (fewer than 10 employees AND under €2 million turnover) but that only applies to EU customers.

Does the ADA apply to my personal blog?

Generally no. A personal, non-commercial blog that does not sell goods or services to the public is not a place of public accommodation under ADA Title III. As soon as you sell products, accept donations on behalf of a covered organization, or operate as a business, coverage attaches.

What about archived web content?

For ADA Title II under 28 C.F.R. § 35.201: archived content qualifies if it is (1) maintained exclusively for reference, research, or recordkeeping; (2) not updated after the compliance date; and (3) clearly identified as archived. This is a narrow exception — sites cannot dump active content into 'archive' folders to avoid compliance.

ADA Website Exemptions

Most U.S. businesses and government entities are covered by some web accessibility statute. The real exemptions are narrow: religious organizations and private clubs under ADA Title III (42 U.S.C. § 12187), specific archived/preexisting content under Title II (28 C.F.R. § 35.201), and the EAA microenterprisecarve-out (fewer than 10 employees AND under €2M turnover). There is no general “small business” ADA exemption for websites.

Use the Exemption Checker

Answer 4–6 yes/no questions and we'll show you which statute(s) apply, what the deadline is, and what the technical standard is.

Exemptions by statute

ADA Title II (state/local government)

28 C.F.R. § 35.201 web/mobile exceptions

Archived web content (clearly identified, not updated, reference-only)
Preexisting conventional electronic documents (PDFs/Word) posted before the compliance date — unless still used to provide services
Third-party content not posted by or under contract with the entity
Password-protected individualized documents prepared for specific individuals
Preexisting social media posts

Read the full breakdown

ADA Title III (private business)

42 U.S.C. § 12187 + court-developed limits

Religious organizations and entities controlled by them (statutory)
Private clubs not open to the public (statutory)
11th Circuit (FL/GA/AL): per Gil v. Winn-Dixie, websites alone may not be "places of public accommodation" — but plaintiffs still file and prevail under other theories

Read the full breakdown

HHS Section 504 (web/mobile rule)

Non-recipients only

If you do not receive HHS funding (Medicare, Medicaid, HHS grants), this rule does not apply
Even small (<15 employee) HHS recipients have a deadline — just a later one (May 10, 2027)
There is no general small-entity exemption from Section 504

Read the full breakdown

European Accessibility Act

Microenterprise carve-out

Microenterprise = FEWER than 10 employees AND LESS than €2 million in annual turnover
BOTH conditions must apply for the exemption
Exemption only covers services. Products placed on the EU market are not exempt.
If you sell to EU customers and meet both criteria, you are exempt; otherwise covered

Read the full breakdown

Section 508 (federal)

Non-federal entities

Section 508 applies to federal agencies, federal contractors, and recipients of federal funding
If you have no federal contract and no federal funding, Section 508 does not apply to you directly
However: if you sell technology to the federal government, your products must conform

Read the full breakdown

Common “I'm exempt” myths

I have fewer than 15 employees, so I am exempt from the ADA.
Truth: The 15-employee threshold applies to ADA Title I (employment). Title III public-accommodation rules apply regardless of headcount.
My website is just informational, so I am exempt.
Truth: Title III applies to any place of public accommodation. If your business is a public accommodation, your informational website is covered.
I am a nonprofit, so I am exempt.
Truth: Nonprofits are not categorically exempt from the ADA. Only religious organizations and private clubs are statutorily exempt under Title III.
The DOJ extended the deadline, so I have until 2028.
Truth: Only ADA Title II (state/local government) was extended. Private businesses, HHS-funded entities, and EU sellers all face active deadlines today.

FAQ

Are religious organizations exempt from the ADA?: For Title III (public accommodations), yes — 42 U.S.C. § 12187 specifically exempts religious organizations and entities controlled by them. The exemption applies to religious activities and the religious entity itself, but a religious organization that operates a public-accommodation business (e.g., a daycare or fitness center open to the public) may lose the exemption for that activity. The exemption does NOT extend to ADA Title I employment.
Are small businesses exempt from the ADA?: No. ADA Title III applies to all places of public accommodation regardless of size. The 15-employee threshold relates to ADA Title I (employment). For web/digital accessibility, there is no size-based exemption under Title III. The European Accessibility Act has a microenterprise exemption (fewer than 10 employees AND under €2 million turnover) but that only applies to EU customers.
Does the ADA apply to my personal blog?: Generally no. A personal, non-commercial blog that does not sell goods or services to the public is not a place of public accommodation under ADA Title III. As soon as you sell products, accept donations on behalf of a covered organization, or operate as a business, coverage attaches.
What about archived web content?: For ADA Title II under 28 C.F.R. § 35.201: archived content qualifies if it is (1) maintained exclusively for reference, research, or recordkeeping; (2) not updated after the compliance date; and (3) clearly identified as archived. This is a narrow exception — sites cannot dump active content into 'archive' folders to avoid compliance.