What's happening
This bill amends New York's civil rights law to broaden protections against lawsuits targeting free speech and public participation, and requires courts to award costs and attorney's fees to prevailing defendants.
Why it matters
Expands the definition of protected "public petition and participation". to cover a wider range of speech and conduct related to issues of public concern, not just those connected to government permit or zoning processes—making the law applicable to more situations where people speak out or participate in public debates.
Mandates (rather than merely allows) courts to award costs and attorney's fees. to defendants who successfully show they were sued for protected speech or petitioning activity, potentially deterring frivolous lawsuits meant to silence critics and leveling the playing field for individuals and organizations facing such suits.
Clarifies that nearly any type of legal filing—lawsuits, counterclaims, cross-claims—can trigger these protections. , closing loopholes that previously let plaintiffs sidestep anti-SLAPP (Strategic Lawsuit Against Public Participation) safeguards by framing their legal actions in certain technical ways.
Strengthens free speech protections in New York by making it riskier and more expensive to file meritless lawsuits targeting public participation. , which could encourage more robust debate on matters of public interest and safeguard journalists, activists, and everyday citizens from legal intimidation.
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Who cares
Community activists and petition organizers
The bill would extend protections beyond permit-related disputes to claims targeting public-forum communications on issues of public concern and other lawful free-speech or petition activity.
Reporters and news organizations
Claims targeting their public communications on issues of public concern could fall within the bill’s expanded protections.
Defendants facing baseless speech-related claims
The bill would require recovery of costs and attorney’s fees upon a showing that a covered claim lacks a substantial factual and legal basis and cannot be supported by a substantial argument to change existing law.
Businesses and other litigants bringing speech-related claims
The bill would broaden the claims subject to these protections beyond those brought by public applicants or permittees and make qualifying fee awards mandatory.
Headline styles
Stop Frivolous Lawsuits Costs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
68
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02678-01-7
S. 68 2
public concern, or in furtherance of the exercise of the constitutional right of petition.
(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.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to actions involving public petition and participation
Purpose of bill
The purpose of this bill is to extend the protection of New York's current law regarding Strategic Lawsuits Against Public Participation ("SLAPP suits"). The amendment will protect citizens' from frivolous litigation that is intended to silence their exercise of the rights of free speech and petition about matters of public concern.
Summary of provisions of bill
Section 1 of the bill would amend section 76-a of the Civil Rights Law to define an "action involving public petition and participation" to include a claim related to:
Read the full memo (620 words)
i. Any communication in a place open to the public or a public forum in connection with an issue of public concern; or
ii. 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.
Section 2 of the bill would amend section 70-a of the Civil Rights Laws to provide that costs and attorney's fees "shall be recovered upon a demonstration that a SLAP? suit was commenced or continued without a substantial basis in fact or law and could not be supported by a substantial argument for the extension, modification, or reversal of existing law."
Justification
Section 76-a of the Civil Rights Law was originally enacted by the Legislature to provide "the utmost protection for the free exercise or speech, petition, and association rights, particularly where such rights are exercised in a public forum with respect to issues of public concern." L. 1992 Ch. 767. However, as drafted, and as narrowly interpreted by the courts, the application of Section 76-a has failed to accomplish that objective. In practice, the current statute has been strictly limited to cases initiated by persons or business entities that are embroiled in controversies over a public application or permit, usually in a real estate development situation. Meanwhile, many frivolous lawsuits are filed each year that are calculated solely to silence free speech and public participation, which do not specifically arise in the context of the public "permit" process. By revising the definition of an "action involving public petition and participation," this amendment to Section 76-a will better advance the purposes that the Legislature originally identified in enacting New York's anti-SLAPP law.
Additionally, the principal remedy currently provided to victims of SLAPP suits in New York is almost never actually imposed. The courts have failed to use their discretionary power to award costs and attorney's fees to a defendant found to have been victimized by a frivolous lawsuit intended only to chill free speech. By an award of costs and fees, the Legislature had originally intended to address "threat of personal damages and litigation costs ... as a means of harassing, intimidating, or punishing individuals, unincorporated associations, not-for-profit corporations and others who have involved themselves in public affairs." L. 1992 Ch. 767. This amendment to Section 70-A of the Civil Rights Law makes clear that a court "shall" impose an award of costs and fees, but only if the court finds that the case has been initiated or pursued in bad faith. Together, the two amendments will protect citizens against the threat -- and financial reality -- of abusive litigation, but will not discourage meritorious litigation.
Legislative history
S.1638 of 2015-2016 (Espaillat): Died in Codes A.258 of 2015-2016 (Weinstein); Passed Assembly S.7280 of 2014 (Espaillat): Died in Rules A.856 of 2013-2014 (Weinstein): Passed Assembly A.10594 of 2012 (Weinstein): Died in Judiciary
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.