Mr. Wilkinson's letter states that his fraternity intends to build a two-story building to house 27 occupants, plus an attic, which might be used for study hall and meetings. We have learned from a telephone conversation with Mr. Wilkinson that the university is privately owned. Under title III of the ADA, an entity that owns, operates, or leases a place of public accommodation, must ensure that ADA standards are met in all of its activities, including the new construction of its facilities.
Universities are places of public accommodation.
Therefore, if the university owns or operates the fraternity house, or if it has contracted to or intends to own or operate the house in the future, the university is obligated to ensure that the construction of the house meets ADA new construction standards. If the fraternity house is not owned or operated by the university, and will not be owned or operated by it in the foreseeable future, the house may be exempt from ADA coverage. Even if the house would otherwise fit into one of the categories of places of public accommodation, it is exempt from title III's coverage if it is a private club. Nonetheless, private clubs are still covered by title III to the extent that they open up their establishments to the general public for a purpose that falls within one of the categories of places of public accommodation. Thus, if the fraternity hosts events that are open to persons other than the fraternity members and their guests, the fraternity must make accessible the public areas during those events.