3.

Housing and Civil Enforcement Section—Title II of the Civil Rights Act of 1964

Title II's coverage is relatively narrow and generally does not cover discrimination in, for example, retail stores such as grocery stores. Courts have held that bars, skating rinks, bowling alleys, swimming pools, recreational associations, and other establishments open to the public providing sources of entertainment which move in commerce are covered under Title II. Private clubs are not covered by the Act, but in instances where establishments hold themselves out as private clubs, investigation should nevertheless be requested since many such establishments are not private within the meaning of the Act but are, in fact, open to the general public. The use of force or threats of force to injure, intimidate or interfere with a person because of race, color, or national origin and because of use of a public accommodation constitutes a violation of 18 U.S.C. § 245(b)(2)(F), as well as Title II of the 1964 Act. Criminal prosecutions under 18 U.S.C. § 245(b)(2)(F) are supervised, supported and coordinated as appropriate by the Criminal Section of this Division. See USAM 8-3.000. The determination whether to proceed civilly or criminally will be made by the Assistant Attorney General, Civil Rights Division, or his/her designee, in consultation with the United States Attorney. [cited in USAM 8-2.233; USAM 8-2.240]