---
kind: "section"
citation: "42 U.S.C. § 12188"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12188"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12188"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter III — Public Accommodations and Services Operated by Private Entities"
---

# §12188. Enforcement

- (a) **In general—**
  - (1) **Availability of remedies and procedures—** The remedies and procedures set forth in [section 2000a–3(a) of this title](/usc/42/2000a–3.md?p=a) are the remedies and procedures this subchapter provides to any [person](/usc/42/12111.md?p=7) who is being subjected to discrimination on the basis of [disability](/usc/42/12102.md?p=1) in [violation](/usc/42/2000e–16a.md?p=c) of this subchapter or who has reasonable grounds for believing that such [person](/usc/42/12111.md?p=7) is about to be subjected to discrimination in [violation](/usc/42/2000e–16a.md?p=c) of [section 12183 of this title](/usc/42/12183.md). Nothing in this section shall require a [person](/usc/42/12111.md?p=7) with a [disability](/usc/42/12102.md?p=1) to engage in a futile gesture if such [person](/usc/42/12111.md?p=7) has actual notice that a [person](/usc/42/12111.md?p=7) or organization covered by this subchapter does not intend to comply with its provisions.
  - (2) **Injunctive relief—** In the case of [violations](/usc/42/2000e–16a.md?p=c) of [sections 12182(b)(2)(A)(iv)](/usc/42/12182.md?p=b-2-A-iv) and section[^1] [12183(a)](/usc/42/12183.md?p=a) of this title, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1) to the extent required by this subchapter. 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 subchapter.
- (b) **Enforcement by Attorney General—**
  - (1) **Denial of rights—**
    - (A) **Duty to investigate—**
      - (i) **In general—** The Attorney General shall investigate alleged [violations](/usc/42/2000e–16a.md?p=c) of this subchapter, and shall undertake periodic reviews of compliance of [covered entities](/usc/42/12111.md?p=2) under this subchapter.
      - (ii) **Attorney General certification—** On the application of a [State](/usc/42/12103.md?p=2) 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](/usc/42/12111.md?p=7), including individuals with [disabilities](/usc/42/12102.md?p=1), are provided an opportunity to testify against such certification, certify that a [State](/usc/42/12103.md?p=2) law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered facilities under this subchapter. At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such [State](/usc/42/12103.md?p=2) law or local ordinance does meet or exceed the minimum requirements of this chapter.
    - (B) **Potential violation—** If the Attorney General has reasonable cause to believe that—
      - (i) any [person](/usc/42/12111.md?p=7) or group of [persons](/usc/42/12111.md?p=7) is engaged in a pattern or practice of discrimination under this subchapter; or
      - (ii) any [person](/usc/42/12111.md?p=7) or group of [persons](/usc/42/12111.md?p=7) has been discriminated against under this subchapter 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 (1)(B)](#b-1-B), the court—
    - (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter—
      - (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](/usc/42/12102.md?p=1);
    - (B) may award such other relief as the court considers to be appropriate, including monetary damages to [persons](/usc/42/12111.md?p=7) aggrieved when requested by the Attorney General; and
    - (C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount—
      - (i) not exceeding $50,000 for a first [violation](/usc/42/2000e–16a.md?p=c); and
      - (ii) not exceeding $100,000 for any subsequent [violation](/usc/42/2000e–16a.md?p=c).
  - (3) **Single violation—** For purposes of [paragraph (2)(C)](#b-2-C), in determining whether a first or subsequent [violation](/usc/42/2000e–16a.md?p=c) has occurred, a determination in a single action, by judgment or settlement, that the [covered entity](/usc/42/12111.md?p=2) has engaged in more than one discriminatory act shall be counted as a single [violation](/usc/42/2000e–16a.md?p=c).
  - (4) **Punitive damages—** For purposes of [subsection (b)(2)(B)](#b-2-B), the term “monetary damages” and “such other relief” does not include punitive damages.
  - (5) **Judicial consideration—** In a civil action under [paragraph (1)(B)](#b-1-B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a [disability](/usc/42/12102.md?p=1).

## Footnotes

[^1]: So in original. The word “section” probably should not appear.

## Source credit

(Pub. L. 101–336, title III, § 308, July 26, 1990, 104 Stat. 363.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (b)(1)(A)(ii), (5), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 18 months after July 26, 1990, see section 310(a) of Pub. L. 101–336, set out as a note under section 12181 of this title.

### Civil Actions for Violations by Public Accommodations

For provisions directing that, except for any civil action brought for a violation of section 12183 of this title, no civil action shall be brought for any act or omission described in section 12182 of this title which occurs (1) during the first six months after the effective date of this subchapter, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less, and (2) during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less, see section 310(b) of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title.