Title 42 — The Public Health and WelfareRelease 119-73

§2000a–3 Civil actions for injunctive relief

Title 42 › Chapter CHAPTER 21— - CIVIL RIGHTS › Subchapter SUBCHAPTER II— - PUBLIC ACCOMMODATIONS › § 2000a–3

Last updated Apr 6, 2026|Official source

Summary

Allows a person who was harmed, or who has good reason to think a banned act will happen, to sue to stop it. The suit can ask for things like injunctions or restraining orders. If asked in time, the court may let the Attorney General join if the Attorney General says the case is important to the public. The court can name a lawyer for the harmed person and let the case go forward without charging fees, costs, or security. If someone wins (other than the United States), the court may require the loser to pay a reasonable attorney’s fee. The United States must pay costs the same as a private person. If the act happens in a place that already has a state or local law against it and an agency that can act, you must give written notice to that agency by registered mail or in person and wait 30 days before filing a federal suit; the court can pause the federal case while state or local enforcement runs. If the state has no law against the act, the court may send the matter to the Community Relations Service for up to 60 days to try to get voluntary compliance, and may extend that time up to a total of 120 days if it still seems likely to work.

Full Legal Text

Title 42, §2000a–3

The Public Health and Welfare — Source: USLM XML via OLRC

(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 2000a–2 of this title, 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.

(b)In any action commenced pursuant to this subchapter, 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.

(c)In the case of an alleged act or practice prohibited by this subchapter 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.

(d)In the case of an alleged act or practice prohibited by this subchapter 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 subchapter VIII of this chapter 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000a–3

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73