Page:United States Statutes at Large Volume 104 Part 1.djvu/398

 104 STAT. 364 PUBLIC LAW 101-336—JULY 26, 1990 section 303. 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 title does not intend to comply with its provisions. (2) INJUNCTIVE REUEF.— In the case of violations of sections 302(b)(2)(A)(iv) and section 303(a), 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 title. 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 title, fl)) ENFORCEMENT BY THE ATTORNEY GENERAL.— (1) DENIAL OF RIGHTS. — (A) DUTY TO INVESTIGATE.— (i) IN GENERAL.— The Attorney General shall investigate Eilleged violations of this title, and shall undertake periodic reviews of compliance of covered entities under this title. (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 Act for the accessibility and usability of covered facilities under this title. 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 Act. (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 title; or (ii) any person or group of persons has been discriminated against under this title 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 dXB), the court— (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this title— (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;

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