Requires awarding of costs and reasonable attorney fees in frivolous action involving public petition and participation

BILL NUMBER:S7924

Title of bill

An act to amend the civil rights law, in relation to actions involving public petition and participation and the civil practice law and rules, in relation to actions involving public petition or participation

Purpose:

Amends the civil rights law and the civil practice law and rules to expand access to actions relating to public petitions and participation. Further, makes the award of attorney's fees mandatory in certain actions.

Summary of Provisions of the Bill:

Section one amends the civil rights law to clarify the awarding of costs and attorney's fees and under what circumstances those awards are justified.

Section two amends the civil rights law to expand the definition of "an action involving public petition and participation."

Section three amends the civil practice law and rules to grant a mandatory award of costs and fees upon a finding that the action is frivolous.

Justification:

Although New York has had a statute since 1992 relating to actions involving public petition and participation there still exists a problem with the number of frivolous lawsuits filed. This legislation seeks to clarify what constitutes a frivolous action and provides that the court shall order payment of costs and attorney's fees in those cases. With these amendments, New York reaffirms its commitment to protect the exercise of First Amendment rights.

Effective Date:

Immediately.