What's happening
This bill expands and clarifies protections against lawsuits targeting public participation and makes awarding costs and attorney's fees mandatory for such cases.
Why it matters
Makes it mandatory, rather than optional, for courts to award costs and attorney’s fees to defendants when a case targeting public participation (like speech on public issues) is found to lack substantial basis. This means individuals and organizations sued for speaking out are more likely to recover their legal expenses, discouraging frivolous lawsuits intended to silence criticism or public debate.
Significantly broadens the definition of what counts as protected public participation. The new language covers any lawsuit or legal claim based on someone’s communication in public forums or any lawful act related to free speech or petition on issues of public concern, not just cases involving government permits or applicants.
Removes narrow limitations from the old law that only applied protections to cases involving government permitting processes. Now, protections apply to a wider range of cases, including those arising from online speech, protests, journalism, or other forms of public commentary on matters of public interest.
Clarifies and standardizes what types of legal actions are covered (including lawsuits, cross-claims, counterclaims, etc.),. which gives clearer guidance to courts and litigants about what cases can trigger anti-SLAPP (Strategic Lawsuit Against Public Participation) protections.
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Who cares
Headline styles
Penalize Frivolous Lawsuits Costs
Plain English, a few words. Used as the page title.
Sponsors
History
- Enacting clause stricken
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stop Frivolous Lawsuits Costs
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1413
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. WEINSTEIN, SEAWRIGHT, ABINANTI, LUPARDO, OTIS, BLAKE -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil rights law, in relation to actions involving public petition and participation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 70-a of the civil rights law, as added by chapter 767 of the laws of 1992, is amended to read as follows:
(a) costs and attorney's fees [may] shall be recovered upon a demonstration, including an adjudication pursuant to subdivision (g) of rule thirty-two hundred eleven or subdivision (h) of rule thirty-two hundred twelve of the civil practice law and rules, that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law;
§ 2. Subdivision 1 of section 76-a of the civil rights law, as added by chapter 767 of the laws of 1992, is amended to read as follows:
1. For purposes of this section:
(a) An "action involving public petition and participation" is [an action,] a claim[, cross claim or counterclaim for damages that is brought by a public applicant or permittee, and is materially related to any efforts of the defendant to report on, comment on, rule on, challenge or oppose such application or permission] based upon:
(1) any communication in a place open to the public or a public forum in connection with an issue of public concern; or
(2) any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public concern, or in furtherance of the exercise of the constitutional right of petition.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02678-01-7
A. 1413 2
(b) ["Public applicant or permittee" shall mean any person who has applied for or obtained a permit, zoning change, lease, license, certificate or other entitlement for use or permission to act from any government body, or any person with an interest, connection or affiliation with such person that is materially related to such application or permission] "Claim" includes any lawsuit, cause of action, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.
(c) "Communication" shall mean any statement, claim, allegation in a proceeding, decision, protest, writing, argument, contention or other expression.
[(d) "Government body" shall mean any municipality, the state, any other political subdivision or agency of such, the federal government, any public benefit corporation, or any public authority, board, or commission.]
§ 3. This act shall take effect immediately and shall apply to actions commenced on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.