Justice Manual § 8-2.234

Title III of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000b to 2000b-3, prohibits discrimination on the basis of race, color, religion, or national origin in public facilities, such as parks, libraries, auditoriums, and prisons. Title III authorizes the Attorney General to institute a civil suit upon receipt of a written, signed complaint if the Attorney General believes that the complaint is meritorious, and certifies that the complainants are unable to initiate and maintain appropriate legal proceedings for relief and that filing the action will materially further the orderly progress of desegregation in public facilities. The Housing and Civil Enforcement Section has primary responsibility for enforcing Title III. The Special Litigation Section of the Civil Rights Division, however, is responsible for Title III matters where the public facility at issue is covered by the Civil Rights of Institutionalized Persons Act (e.g., a state-run nursing home), the Religious Land Use and Institutionalized Persons Act (e.g., a state prison), or where the alleged discrimination is caused by the conduct of a law enforcement agency (e.g., a local police department).

When a United States Attorney’s Office receives a complaint or other information suggesting a potential violation of Title III, 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; a complaint should be filed; 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 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.