42 U.S.C. § 12187 — Exemptions for private clubs and reli-

Page 8264 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12187 (I) with respect to small providers of transportation (as defined by the Sec- retary), 3 years after the date of issuance of final regulations under clause (ii); and (II) with respect to other providers of transportation, 2 years after the date of issuance of such final regulations. (C) Limitation on requiring installation of ac- cessible restrooms The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity. (3) Standards The regulations issued pursuant to this sub- section shall include standards applicable to facilities and vehicles covered by sections 12182(b)(2) and 12184 of this title. (b) Other provisions Not later than 1 year after July 26, 1990, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in subsection (a) that include standards applicable to facilities and vehicles covered under section 12182 of this title. (c) Consistency with ATBCB guidelines Standards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title. (d) Interim accessibility standards (1) Facilities If final regulations have not been issued pur- suant to this section, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under this section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such per- mit, compliance with the Uniform Federal Ac- cessibility Standards in effect at the time the building permit is issued shall suffice to sat- isfy the requirement that facilities be readily accessible to and usable by persons with dis- abilities as required under section 12183 of this title, except that, if such final regulations have not been issued one year after the Archi- tectural and Transportation Barriers Compli- ance Board has issued the supplemental min- imum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that fa- cilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (2) Vehicles and rail passenger cars If final regulations have not been issued pur- suant to this section, a private entity shall be considered to have complied with the require- ments of this subchapter, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental min- imum guidelines as are issued under section 12204(a) of this title) governing accessibility of such vehicles or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed. (Pub. L. 101–336, title III, § 306, July 26, 1990, 104 Stat. 361; Pub. L. 104–59, title III, § 341, Nov. 28, 1995, 109 Stat. 608.) Editorial Notes AMENDMENTS 1995—Subsec. (a)(2)(B)(iii). Pub. L. 104–59 substituted ‘‘3 years after the date of issuance of final regulations under clause (ii)’’ for ‘‘7 years after July 26, 1990’’ in subcl. (I) and ‘‘2 years after the date of issuance of such final regulations’’ for ‘‘6 years after July 26, 1990’’ in subcl. (II). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 310(c) of Pub. L. 101–336, set out as a note under section 12181 of this title. § 12187. Exemptions for private clubs and reli- gious organizations The provisions of this subchapter shall not apply to private clubs or establishments ex- empted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000–a(e)) [42 U.S.C. 2000a et seq.] or to religious organizations or en- tities controlled by religious organizations, in- cluding places of worship. (Pub. L. 101–336, title III, § 307, July 26, 1990, 104 Stat. 363.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title II of the Act is classified generally to subchapter II (§ 2000a et seq.) of chapter 21 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 310(a) of Pub. L. 101–336, set out as a note under section 12181 of this title. § 12188. Enforcement (a) In general (1) Availability of remedies and procedures The remedies and procedures set forth in section 2000a–3(a) of this title are the remedies and procedures this subchapter provides to any person who is being subjected to discrimi- nation on the basis of disability in violation of this subchapter or who has reasonable grounds