What are civil rights? What do I do if my rights are violated?
All American citizens are guaranteed certain civil rights of personal liberty under the U.S. Constitution. Such civil rights include the freedoms of speech, religion, assembly, procedural due process, and to be free of unreasonable searches and seizures and cruel and unusual punishments. Civil rights are the rights/privileges of an individual to equal treatment and to enjoy such rights/privileges without being hindered. Some of more common types of civil rights actions revolve around police brutality and excessive force, freedom of speech and assembly and voting rights. When an individual is treated differently because of certain characteristics, such as race, sex, ethnicity, origin, age, disability, marital status and, in some states, sexual orientation, and discrimination occurs, that individual’s civil rights have been violated.
When your guaranteed civil rights are violated, you can bring an action against an individual, business, organization and government agency under various anti-discrimination laws in federal and state courts. For example, the U.S. Constitution contains many guarantees concerning civil rights, such as the Thirteenth and Fourteenth Amendments, the Fifth Amendment, and the Fifteenth Amendment. Given the complexities involved in civil rights law, it is important to contact an experienced civil rights attorney if you feel your civil rights have been violated.
I have been discriminated against in a place of public accommodation. What are my rights?
Title II of the Civil Rights Act of 1964 forbids any person to punish or attempt to punish any other person for exercising or attempting to exercise their right to the full and equal enjoyment of public accommodations, and it also prohibits any person from denying or attempting to deny any person of any right or privilege to full and equal enjoyment of public accommodations. The term "public accommodation" generally includes places that provide public services.
Some of the types of establishments covered under Title II are hotels or other places of business that provide lodging to guests, as well as restaurants or other services principally engaged in selling food for consumption on the premises, including, but not limited to, any facility located on the premises of any retail establishment, or any gasoline station, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment. One exception to Title II are bars, taverns, nightclubs, and lounges which sell beverages, but not food. Generally, religious entities are excepted as well. Public accommodations are required to make reasonable modifications to ensure access as long as the modification would not result in a fundamental alteration in the goods or services.
Can I be denied use of a public facility?
Under Title III of the Civil Rights Act of 1964, all individuals have the right to the equal use of public facilities. A public facility is one that is owned, operated, or managed by or on behalf of any state, such as jails, recreational facilities, golf courses, parks, school auditoriums used by private groups, nursing homes, municipal auditoriums, hospitals, and courtrooms. Complaints can be filed with the United States Attorney General if a person is deprived of their right to the equal protection of the laws because of their race, color, religion, or national origin by being denied the equal utilization of any public facility.