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Civil Rights Act - Title 2: Injunctive Relief Against Discrimination in Places of Public Accommodation
Sec. 201. (a)
All persons shall be entitled to the full
and equal enjoyment of the goods, services,
facilities, privileges, advantages, and
accommodations of any place of public accommodation,
as defined in this section, without discrimination
or segregation on the ground of race, color,
religion, or national origin.
(b) Each of the following establishments
which serves the public is a place of public
accommodation within the meaning of this
title if its operations affect commerce,
or if discrimination or segregation by it
is supported by State action:
(1) any inn, hotel, motel, or other establishment
which provides lodging to transient guests,
other than an establishment located within
a building which contains not more than
five rooms for rent or hire and which is
actually occupied by the proprietor of such
establishment as his residence;
(2) any restaurant, cafeteria, lunchroom,
lunch counter, soda fountain, or the facility
principally engaged in selling food for
consumption on the premises, including,
but not limited to, any such facility located
on the premises of any retail establishment;
or any gasoline station;
(3) any motion picture house, theater, concert
hall, sports arena, stadium or other place
of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically
located within the premises of any establishment
otherwise covered by this subsection, or
(ii) within the premises of which is physically
located any such covered establishment,
and (B) which holds itself out as serving
patrons of such covered establishment.
(c) The operations of an establishment affect
commerce within the meaning of this title
if (1) it is one of the establishments described
in paragraph (1) of subsection (b); (2)
in the case of an establishment described
in paragraph (2) of subsection (b), it serves
or offers to serve interstate travelers
or a substantial portion of the food which
it serves, or gasoline or other products
which it sells, has moved in commerce; (3)
in the case of an establishment described
in paragraph (3) of subsection (b), it
customarily presents films, performances,
athletic teams, exhibitions, or other sources
of entertainment which move in
commerce; and (4) in the case of an establishment
described in paragraph (4) of subsection
(b), it is physically located within
the premises of, or there is physically
located within its premises, an establishment
the operations of which affect commerce
within the meaning of this subsection. For
purposes of this section, "commerce"
means travel, trade, traffic, commerce,
transportation, or communication among the
several States, or between the District
of Columbia and any State, or between any
foreign country or any territory or possession
and any State or the District of Columbia,
or between points in the same State
but through any other State or the District
of Columbia or a foreign country.
(d) Discrimination or segregation by an
establishment is supported by State action
within the meaning of this title if such
discrimination or segregation (1) is carried
on under color of any law, statute, ordinance,
or regulation; or (2) is carried on
under color of any custom or usage required
or enforced by officials of the State or
political subdivision thereof; or (3) is
required by action of the State or political
subdivision thereof.
(e) The provisions of this title shall not
apply to a private club or other establishment
not in fact open to the public, except to
the
extent that the facilities of such establishment
are made available to the customers or patrons
of an establishment within the
scope of subsection (b).
Sec. 202. All persons shall be entitled
to be free, at any establishment or place,
from discrimination or segregation of any
kind
on the ground of race, color, religion,
or national origin, if such discrimination
or segregation is or purports to be required
by
any law, statute, ordinance, regulation,
rule, or order of a State or any agency
or political subdivision thereof.
Sec. 203. No person shall (a) withhold,
deny, or attempt to withhold or deny, or
deprive or attempt to deprive, any person
of
any right or privilege secured by section
201 or 202, or (b) intimidate, threaten,
or coerce, or attempt to intimidate, threaten,
or
coerce any person with the purpose of interfering
with any right or privilege secured by section
201 or 202, or (c) punish or
attempt to punish any person for exercising
or attempting to exercise any right or privilege
secured by section 201 or 202.
Sec. 204. (a) Whenever any person has engaged
or there are reasonable grounds to believe
that any person is about to engage
in any act or practice prohibited by section
203, a civil action for preventive relief,
including an application for a permanent
or
temporary injunction, restraining order,
or other order, may be instituted by the
person aggrieved and, upon timely application,
the court may, in its discretion, permit
the Attorney General to intervene in such
civil action if he certifies that the case
is of
general public importance. Upon application
by the complainant and in such circumstances
as the court may deem just, the
court may appoint an attorney for such complainant
and may authorize the commencement of the
civil action without the
payment of fees, costs, or security.
(b) In any action commenced pursuant to
this title, the court, in its discretion,
may allow the prevailing party, other than
the
United States, a reasonable attorney's fee
as part of the costs, and the United States
shall be liable for costs the same as a
private person.
(c) In the case of an alleged act or practice
prohibited by this title which occurs in
a State, or political subdivision of a State,
which has a State or local law prohibiting
such act or practice and establishing or
authorizing a State or local authority to
grant
or seek relief from such practice or to
institute criminal proceedings with respect
thereto upon receiving notice thereof, no
civil
action may be brought under subsection (a)
before the expiration of thirty days after
written notice of such alleged act or
practice has been given to the appropriate
State or local authority by registered mail
or in person, provided that the court may
stay proceedings in such civil action pending
the termination of State or local enforcement
proceedings.
(d) In the case of an alleged act or practice
prohibited by this title which occurs in
a State, or political subdivision of a State,
which has no State or local law prohibiting
such act or practice, a civil action may
be brought under subsection (a): Provided,
That the court may refer the matter to the
Community Relations Service established
by title X of this Act for as long as the
court
believes there is a reasonable possibility
of obtaining voluntary compliance, but for
not more than sixty days: Provided further,
That upon expiration of such sixtyday period,
the court may extend such period for an
additional period, not to exceed a
cumulative total of one hundred and twenty
days, if it believes there then exists a
reasonable possibility of securing voluntary
compliance.
Sec. 205. The Service is authorized to make
a full investigation of any complaint referred
to it by the court under section 204(d)
and may hold such hearings with respect
thereto as may be necessary. The Service
shall conduct any hearings with respect
to
any such complaint in executive session,
and shall not release any testimony given
therein except by agreement of all parties
involved in the complaint with the permission
of the court, and the Service shall endeavor
to bring about a voluntary settlement
between the parties.
Sec. 206. (a) Whenever the Attorney General
has reasonable cause to believe that any
person or group of persons is engaged
in a pattern or practice of resistance to
the full enjoyment of any of the rights
secured by this title, and that the pattern
or
practice is of such a nature and is intended
to deny the full exercise of the rights
herein described, the Attorney General may
bring a civil action in the appropriate
district court of the United States by filing
with it a complaint (1) signed by him (or
in his
absence the Acting Attorney General), (2)
setting forth facts pertaining to such pattern
or practice, and (3) requesting such
preventive relief, including an application
for a permanent or temporary injunction,
restraining order or other order against
the
person or persons responsible for such pattern
or practice, as he deems necessary to insure
the full enjoyment of the rights
herein described.
(b) In any such proceeding the Attorney
General may file with the clerk of such
court a request that a court of three judges
be
convened to hear and determine the case.
Such request by the Attorney General shall
be accompanied by a certificate that, in
his opinion, the case is of general public
importance. A copy of the certificate and
request for a three-judge court shall be
immediately furnished by such clerk to the
chief judge of the circuit (or in his absence,
the presiding circuit judge of the circuit)
in which the case is pending. Upon receipt
of the copy of such request it shall be
the duty of the chief judge of the circuit
or the
presiding circuit judge, as the case may
be, to designate immediately three judges
in such circuit, of whom at least one shall
be a
circuit judge and another of whom shall
be a district judge of the court in which
the proceeding was instituted, to hear and
determine such case, and it shall be the
duty of the judges so designated to assign
the case for hearing at the earliest practicable
date, to participate in the hearing and
determination thereof, and to cause the
case to be in every way expedited. An appeal
from the final judgment of such court will
lie to the Supreme Court.
In the event the Attorney General fails
to file such a request in any such proceeding,
it shall be the duty of the chief judge
of the
district (or in his absence, the acting
chief judge) in which the case is pending
immediately to designate a judge in such
district to
hear and determine the case. In the event
that no judge in the district is available
to hear and determine the case, the chief
judge
of the district, or the acting chief judge,
as the case may be, shall certify this fact
to the chief judge of the circuit (or in
his
absence, the acting chief judge) who shall
then designate a district or circuit judge
of the circuit to hear and determine the
case.
It shall be the duty of the judge designated
pursuant to this section to assign the case
for hearing at the earliest practicable
date
and to cause the case to be in every way
expedited.
Sec. 207. (a) The district courts of the
United States shall have jurisdiction of
proceedings instituted pursuant to this
title and
shall exercise the same without regard to
whether the aggrieved party shall have exhausted
any administrative or other remedies
that may be provided by law.
(b) The remedies provided in this title
shall be the exclusive means of enforcing
the rights based on this title, but nothing
in this
title shall preclude any individual or any
State or local agency from asserting any
right based on any other Federal or State
law
not inconsistent with this title, including
any statute or ordinance requiring nondiscrimination
in public establishments or
accommodations, or from pursuing any remedy,
civil or criminal, which may be available
for the vindication or enforcement of
such right.
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