§ 9:65 — Remedies; rebuttable presumption; cause of action

§65. Remedies; rebuttable presumption; cause of action
A. An individual who suffers, or is likely to suffer, from any direct or indirect harm
as a result of a violation of this Part may assert that violation as a cause of action for
remedies provided for in Subsection E of this Section.
B. Any person who contracts with an agency, as defined in R.S. 42:1102, of
government to provide services for biological females at a domestic violence shelter, juvenile
detention center, corrections facility, or public school that is operated at the direction of, and
receives funding from, the state, a local governmental subdivision, or a political subdivision
shall have a cause of action against the agency of the public servant who directed the
contractor to violate the provisions of this Part.
C. A person who is subjected to retaliation or other adverse action by asserting rights
that are affirmed by this Part shall have a cause of action for remedies provided for in
Subsection E of this Section.
D. It is a rebuttable presumption that requiring an individual to be housed with
members of the opposite sex at a domestic violence shelter, juvenile detention center,
corrections facility, or public school that is subject to the provisions of this Part is inherently
discriminatory and is a cognizable harm to biological women under this Part.
E. Any person who brings a cause of action pursuant to this Part may obtain
appropriate relief, including but not limited to:
(1)(a) Injunctive relief, protective order, writ of mandamus or a prohibition, or
declaratory relief to prevent any violation of this Part.
(b) The court may waive the requirement that the petitioner post bond for good cause
shown.
(2) Actual damages, reasonable attorney fees, and costs.
F. All civil actions under this Part shall be initiated within two years from the date
that the harm occurred.

Legislative History

Acts 2024, No. 436, §1.