§ 79-N — Bias-related violence or intimidation; civil remedy

New York § 79-N

• Jurisdiction: New York
• Law CVR: Civil Rights
• Art. 7: Miscellaneous Rights and Immunities

Text

* § 79-n. Bias-related violence or intimidation; civil remedy. 1. The\nfollowing definitions are applicable to this section:\n (a) The term "disability" means a physical or mental impairment that\nsubstantially limits a major life activity.\n (b) The term "age" means sixty years of age or more.\n (c) The term "sexual orientation" means a person's actual or perceived\nhomosexuality, heterosexuality, or bisexuality.\n (d) The term "gender" means a person's actual or perceived sex and\nshall include a person's gender identity or expression.\n 2. Any person who intentionally selects a person or property for harm\nor causes damage to the property of another or causes physical injury or\ndeath to another, or subjects a person to conduct that would constitute\nharassment under section 240.25 of the penal law, or summons a police\nofficer or peace officer without reason to suspect a violation of the\npenal law, any other criminal conduct, or an imminent threat to a person\nor property, in whole or in substantial part because of a belief or\nperception regarding the race, color, national origin, ancestry, gender,\nreligion, religious practice, age, disability or sexual orientation of a\nperson, regardless of whether the belief or perception is correct, or\nany person who aids or incites any such conduct, shall be liable, in a\ncivil action or proceeding maintained by such individual or group of\nindividuals, for injunctive relief, damages, or any other appropriate\nrelief in law or equity. If it shall appear to the satisfaction of the\ncourt or justice that the respondent has, in fact, violated this\nsection, an injunction may be issued by such court or justice, enjoining\nand restraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. For the purposes\nof this subdivision, a person lacks reason to suspect a violation of the\npenal law, any other criminal conduct, or an imminent threat to a person\nor property where a reasonable person would not suspect such violation,\nconduct, or threat.\n 3. In addition to the remedies in subdivision two of this section,\nwhenever there shall be a violation of this section by any person or by\nany firm, partnership, association, or corporation, an application may\nbe made by the attorney general in the name of the people of the state\nof New York to a court or justice having jurisdiction for an injunction\nto enjoin and restrain the continuance of such activity, and to seek\ndamages, or any other appropriate relief in law or equity. In connection\nwith any such application, the attorney general is authorized to take\nproof and determine the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n 4. In any such action or proceeding, the court, in its discretion, may\nallow the party commencing such action or proceeding, if such party\nprevails, reasonable attorneys' fees as part of the costs.\n 5. In addition to the remedies provided in subdivisions two and three\nof this section, a court may additionally impose a civil penalty of not\nmore than five thousand dollars for each violation of this section.\n * NB There are 2 § 79-n's\n