Page:United States Statutes at Large Volume 78.djvu/288

 246 Enforcement.

PUBLIC LAW 88-352-JULY 2, 1964

[78 STAT,

(b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right. TITLE III—DESEGREGATION OF PUBLIC FACILITIES

Suits by Attorney General.

Costs, fees.

62 Stat. 749.

SEC. 301. (a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. (b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property. SEC. 302. I n any action or proceeding under this title the United States shall be liable for costs, including a reasonable attorney's fee, the same as a private person. SEC. 303. Nothing in this title shall affect adversely the ri^ht of any person to sue for or obtain relief in any court against discrimination in any facility covered by this title. SEC. 304. A complaint as used in this title is a writing or document within the meaning of section 1001, title 18, United States Code. TITLE IV—DESEGREGATION OF PUBLIC EDUCATION DEFINrriONS

SEC. 401. As used in this title ••Commissioner." (a) "Commissioner" means the Commissioner of Education. "Desegre (b) "Desegregation" means the assignment of students to public tion.»» schools and within such schools without regard to their race, color, religion, or national origin, but "desegregation" shall not mean the assignment of students to public schools in order to overcome racial imbalance.

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