42 U.S.C. § 2000b — Civil actions by the Attorney General

Page 5251 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000b–2 and request for a three-judge court shall be im- mediately furnished by such clerk to the chief judge of the circuit (or in his absence, the pre- siding 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 deter- mine such case, and it shall be the duty of the judges so designated to assign the case for hear- ing at the earliest practicable date, to partici- pate in the hearing and determination thereof, and to cause the case to be in every way expe- dited. 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 ab- sence, the acting chief judge) who shall then designate a district or circuit judge of the cir- cuit 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. (Pub. L. 88–352, title II, § 206, July 2, 1964, 78 Stat. 245.) § 2000a–6. Jurisdiction; exhaustion of other rem- edies; exclusiveness of remedies; assertion of rights based on other Federal or State laws and pursuit of remedies for enforcement of such rights (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subchapter and shall exercise the same without regard to whether the ag- grieved party shall have exhausted any adminis- trative or other remedies that may be provided by law. (b) The remedies provided in this subchapter shall be the exclusive means of enforcing the rights based on this subchapter, but nothing in this subchapter 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 subchapter, including any statute or ordinance requiring non- discrimination in public establishments or ac- commodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right. (Pub. L. 88–352, title II, § 207, July 2, 1964, 78 Stat. 245.) SUBCHAPTER III—PUBLIC FACILITIES § 2000b. Civil actions by the Attorney General (a) Complaint; certification; institution of civil action; relief requested; jurisdiction; impleading additional parties as defendants Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threat- ened with the loss of his right to the equal pro- tection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in sec- tion 2000c of this title, and the Attorney General believes the complaint is meritorious and cer- tifies that the signer or signers of such com- plaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of deseg- regation in public facilities, the Attorney Gen- eral is authorized to institute for or in the name of the United States a civil action in any appro- priate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings insti- tuted pursuant to this section. The Attorney General may implead as defendants such addi- tional parties as are or become necessary to the grant of effective relief hereunder. (b) Persons unable to initiate and maintain legal proceedings The Attorney General may deem a person or persons unable to initiate and maintain appro- priate legal proceedings within the meaning of subsection (a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employ- ment, or economic standing of such person or persons, their families, or their property. (Pub. L. 88–352, title III, § 301, July 2, 1964, 78 Stat. 246.) § 2000b–1. Liability of United States for costs and attorney’s fee In any action or proceeding under this sub- chapter the United States shall be liable for costs, including a reasonable attorney’s fee, the same as a private person. (Pub. L. 88–352, title III, § 302, July 2, 1964, 78 Stat. 246.) § 2000b–2. Personal suits for relief against dis- crimination in public facilities Nothing in this subchapter shall affect ad- versely the right of any person to sue for or ob- tain relief in any court against discrimination in any facility covered by this subchapter. (Pub. L. 88–352, title III, § 303, July 2, 1964, 78 Stat. 246.)