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TITLE
II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC
ACCOMMODATION
OOOSEC. 201.
(a) All persons shall be entitled to the full and equal enjoyment of
the goods, services, facilities, and 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.
OOO(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:
OOO)(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;
OOO)(2) any restaurant, cafeteria,
lunchroom, lunch counter, soda fountain, or other 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;
OO)O(3) any motion picture house,
theater, concert hall, sports arena, stadium or other place of
exhibition or entertainment; and
OOO)(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.
OOO(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.
OOO(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.
OOO(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).
OOOSEC. 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.
OOOSEC. 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.
OOOSEC. 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.
OOO(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.
OOO(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.
OOO(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 sixty-day 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.
OOOSEC. 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.
OOOSEC. 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.
OOO(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.
OOOIn 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.
OOOIt 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.
OOOSEC. 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.
OOO(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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