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37 private entities. The statute provides: "No individual Section 37.161 provides in part that "[p]ublic and shall be discriminated against on the basis of disability private entities providing transportation services shall in the full and equal enjoyment of specified public maintain in operative condition those features of facili- transportation services provided by a private entity ties and vehicles that are required to make the vehicles that is primarily engaged in the business of transport- and facilities readily accessible to and usable by indi- ing people and whose operations affect commerce."528 viduals with disabilities."534 It is discriminatory to impose or apply eligibility criteria that screen out or tend to screen out an D. Administrative Action and Enforcement individual with a disability or any class of individuals The USDOT does not authorize any administrative with disabilities from fully enjoying the specified public enforcement authority under Title III of the ADA,535 the transportation services provided by the entity, unless public accommodations title of the Act.536 However, pub- such criteria can be shown to be necessary for the provi- lic537 and private entities,538 regardless of whether they 529 sion of the services being offered.... receive federal financial assistance, are subject to en- Private entities must forcement action as provided under the Justice De- 539 540 (A) make reasonable modifications consistent with those partment's regulations implementing Title III of the required under section 12182(b)(2)(A)(ii) of this title; ADA.541 The USDOT forwards any complaints of regula- (B) provide auxiliary aids and services consistent with the tory violations caused by private entities to the Justice requirements of section 12182(b)(2)(A)(iii) of this title; Department.542 The Justice Department has issued and regulations under Title III543 regarding its enforcement responsibility for Title III matters.544 (C) remove barriers consistent with the requirements of As provided in 12188 of Title III, "[t]he remedies section 12182(b)(2)(A) of this title and with the require- 530 and procedures set forth in section 2000-3(a) of this title ments of section 12183(a)(2) of this title.... are the remedies and procedures this subchapter pro- The Act also imposes requirements regarding the vides...."545 purchase or lease of new vehicles.531 Section 12188(b) provides for enforcement by the At- torney General,546 which "has leverage that is not avail- C. ADA Title III Regulations able to private plaintiffs--it has the statutory authority Regulations promulgated pursuant to Title III in- to seek civil damages if it brings suit."547 Thus, in Title clude 28 C.F.R. Part 36 and 49 C.F.R. Part 37, of which III cases it has been held that the statutory scheme only one or two regulations appear to be relevant to permits monetary relief to be granted only in a civil service reductions or fare increases. Section 37.105 of Title 49 addresses equivalent service standards. The section provides that for purposes of 37.101 and 534 37.103,532 Id. 37.161 (2009). 535 [A] fixed route system or demand responsive system, 42 U.S.C. 1218112189 (2009). 536 when viewed in its entirety, shall be deemed to provide 49 C.F.R. pt. 37 (2009). 537 equivalent service if the service available to individuals Id. 37.11(b) (2009). with disabilities, including individuals who use wheel- 538 Id. 37.11(c) (2009). chairs, is provided in the most integrated setting appro- 539 28 C.F.R. pt. 36 (2009). priate to the needs of the individual and is equivalent to 540 the service provided other individuals with respect to 42 U.S.C. 1218112189 (2009). 541 [certain] service characteristics [that include, for exam- 49 C.F.R. 37.11(b), (c) (2009). 542 ple, schedules, response time, fares, geographic area of Id. 37.11, app. D (2009). 533 service, and hours and days of service.] 543 28 C.F.R. pt. 36 (2009). 544 49 C.F.R. 37.11, app. D (2009). 545 42 U.S.C. 12188(a) (2009). 42 U.S.C. 2000a-3(a) (2009) 528 Id. 12184(a) (2009). provides: 529 Id. 12184(b)(1) (2009). Whenever any person has engaged or there are reasonable 530 grounds to believe that any person is about to engage in any act Id. 12184(b)(2) (2009). 531 or practice prohibited by section 2000a-2 of this title, a civil ac- Id. 12184(b)(3) (2009). tion for preventive relief, including an application for a perma- 532 The two sections referenced in 49 C.F.R. 37.105, nent or temporary injunction, restraining order, or other order, 37.101 and 37.103 apply, respectively, to the purchase or may be instituted by the person aggrieved.... 546 lease of vehicles by private entities not primarily engaged in Id. 12188(b) (2009). the business of transporting people and the purchase or lease 547 Colker, supra note 518, at 377, 403 (citing 42 U.S.C. of new nonrail vehicles by private entities primarily engaged in 12188(b)(2)(C)(i)(ii) (1994) (providing for a civil penalty of the business of transporting people. $50,000 for a first violation and $100,000 for any subsequent 533 49 C.F.R. 37.105(a)(1) and (2), (b), (c), and (d) (2009). violation).