Justice Manual § 8-2.233

Title II of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000a to 2000a-6, prohibits discrimination on account of race, color, religion, or national origin in places of public accommodation, such as hotels, restaurants, and theaters. The Civil Rights Act authorizes the Attorney General to bring a civil action to address a pattern or practice of Title II violations. Under Title II, the United States can pursue only injunctive relief. The statute does not authorize the Attorney General to pursue individual complaints of discrimination in the area of public accommodations, but individuals may pursue such claims privately under Title II and under other civil rights statutes. When an individual files a Title II action, the statute authorizes the Attorney General, in the discretion of the court, to intervene if the Attorney General certifies that the case is of general public importance.

When a United States Attorney’s Office receives a complaint or other information suggesting a potential violation of Title II, that office should forward the complaint or other information to the Housing and Civil Enforcement Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened, or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The Attorney General must sign Title II complaints. The United States Attorney’s Office and the Housing and Civil Enforcement Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.