[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR36.501]

[Page 575-576]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 36_NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC 
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES--Table of Contents
 
                          Subpart E_Enforcement
 
Sec.  36.501  Private suits.


    (a) General. Any person who is being subjected to discrimination on 
the basis of disability in violation of the Act or this part or who has 
reasonable grounds for believing that such person is about to be 
subjected to discrimination in violation of section 303 of the Act or 
subpart D of this part may institute a civil action for preventive 
relief, including an application for a permanent or temporary 
injunction, restraining order, or other order. Upon timely application, 
the court may, in its discretion, permit the Attorney General to 
intervene in the civil action if the Attorney General or his or her 
designee 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. Nothing in this section shall 
require a person with a disability to engage in a futile gesture if

[[Page 576]]

the person has actual notice that a person or organization covered by 
title III of the Act or this part does not intend to comply with its 
provisions.
    (b) Injunctive relief. In the case of violations of Sec.  36.304, 
Sec. Sec.  36.308, 36.310(b), 36.401, 36.402, 36.403, and 36.405 of this 
part, 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 the Act or this part. 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 the Act or 
this part.