
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12188]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
 SUBCHAPTER III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE 
                                ENTITIES
 
Sec. 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 discrimination on the basis 
    of disability in violation of this subchapter or who has reasonable 
    grounds for believing that such person is about to be subjected to 
    discrimination in violation of section 12183 of this title. Nothing 
    in this section shall require a person with a disability to engage 
    in a futile gesture if such person has actual notice that a person 
    or organization covered by this subchapter does not intend to comply 
    with its provisions.

                        (2) Injunctive relief

        In the case of violations of sections 12182(b)(2)(A)(iv) and 
    section \1\ 12183(a) of this title, injunctive relief shall include 
    an order to alter facilities to make such facilities readily 
    accessible to and usable by individuals with disabilities to the 
    extent required by this subchapter. Where appropriate, injunctive 
    relief shall also include requiring the provision of an auxiliary 
    aid or service, modification of a policy, or provision of 
    alternative methods, to the extent required by this subchapter.
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    \1\ So in original. The word ``section'' probably should not appear.
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(b) Enforcement by Attorney General

                        (1) Denial of rights

        (A) Duty to investigate

            (i) In general

                The Attorney General shall investigate alleged 
            violations of this subchapter, and shall undertake periodic 
            reviews of compliance of covered entities under this 
            subchapter.
            (ii) Attorney General certification

                On the application of a State or local government, the 
            Attorney General may, in consultation with the Architectural 
            and Transportation Barriers Compliance Board, and after 
            prior notice and a public hearing at which persons, 
            including individuals with disabilities, are provided an 
            opportunity to testify against such certification, certify 
            that a State law or local building code or similar ordinance 
            that establishes accessibility requirements meets or exceeds 
            the minimum requirements of this chapter for the 
            accessibility and usability of covered facilities under this 
            subchapter. At any enforcement proceeding under this 
            section, such certification by the Attorney General shall be 
            rebuttable evidence that such State law or local ordinance 
            does meet or exceed the minimum requirements of this 
            chapter.

        (B) Potential violation

            If the Attorney General has reasonable cause to believe 
        that--
                (i) any person or group of persons is engaged in a 
            pattern or practice of discrimination under this subchapter; 
            or
                (ii) any person or group of persons has been 
            discriminated against under this subchapter and such 
            discrimination raises an issue of general public importance,

        the Attorney General may commence a civil action in any 
        appropriate United States district court.

                       (2) Authority of court

        In a civil action under paragraph (1)(B), the court--
            (A) may grant any equitable relief that such court considers 
        to be appropriate, including, to the extent required by this 
        subchapter--
                (i) granting temporary, preliminary, or permanent 
            relief;
                (ii) providing an auxiliary aid or service, modification 
            of policy, practice, or procedure, or alternative method; 
            and
                (iii) making facilities readily accessible to and usable 
            by individuals with disabilities;

            (B) may award such other relief as the court considers to be 
        appropriate, including monetary damages to persons aggrieved 
        when requested by the Attorney General; and
            (C) may, to vindicate the public interest, assess a civil 
        penalty against the entity in an amount--
                (i) not exceeding $50,000 for a first violation; and
                (ii) not exceeding $100,000 for any subsequent 
            violation.

                        (3) Single violation

        For purposes of paragraph (2)(C), in determining whether a first 
    or subsequent violation has occurred, a determination in a single 
    action, by judgment or settlement, that the covered entity has 
    engaged in more than one discriminatory act shall be counted as a 
    single violation.

                        (4) Punitive damages

        For purposes of subsection (b)(2)(B) of this section, the term 
    ``monetary damages'' and ``such other relief'' does not include 
    punitive damages.

                     (5) Judicial consideration

        In a civil action under paragraph (1)(B), the court, when 
    considering what amount of civil penalty, if any, is appropriate, 
    shall give consideration to any good faith effort or attempt to 
    comply with this chapter by the entity. In evaluating good faith, 
    the court shall consider, among other factors it deems relevant, 
    whether the entity could have reasonably anticipated the need for an 
    appropriate type of auxiliary aid needed to accommodate the unique 
    needs of a particular individual with a disability.

(Pub. L. 101-336, title III, Sec. 308, July 26, 1990, 104 Stat. 363.)


                             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.


          Civil Actions for Violations by Public Accommodations

    For provisions directing that, except for any civil action brought 
for a violation of section 12183 of this title, no civil action shall be 
brought for any act or omission described in section 12182 of this title 
which occurs (1) during the first six months after the effective date of 
this subchapter, against businesses that employ 25 or fewer employees 
and have gross receipts of $1,000,000 or less, and (2) during the first 
year after the effective date, against businesses that employ 10 or 
fewer employees and have gross receipts of $500,000 or less, see section 
310(b) of Pub. L. 101-336, set out as an Effective Date note under 
section 12181 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 12203 of this title; title 2 
section 1331; title 3 section 421.
