What's happening
This bill expands and strengthens New York's anti-SLAPP law, making it easier to recover legal fees and broadening protected speech.
Why it matters
Makes recovery of legal costs and attorney’s fees mandatory (not just optional) for defendants who successfully show a SLAPP suit was baseless. raising the financial stakes for those who file meritless lawsuits to chill speech or public participation.
Broadens the types of protected speech or activity. , now covering any communication or lawful conduct related to issues of public concern, rather than just limited contexts like zoning or permits.
Expands protection to a wider range of court filings. , not just specific cases involving government applications, but including any lawsuit, cross-claim, counterclaim, or judicial pleading that targets protected speech or petitioning activity.
Lowers barriers for anti-SLAPP motions by clarifying that certain procedural rulings (under CPLR 3211(g) and 3212(h)) can trigger mandatory fee-shifting. , making it easier and more predictable for defendants to recover costs when facing SLAPPs.
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Who cares
Headline styles
Penalize Frivolous Lawsuits Fees
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1458
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. SANDERS -- 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 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.
LBD00895-01-9
S. 1458 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 on the thirtieth day after it shall have become a law 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 (646 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 inter- preted 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 frivo- lous 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 amend- ment to Section 76-a will better advance the purposes that the Legisla- ture 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 attor- ney'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
This act shall take effect on the thirtieth day after it shall have become a law and shall apply to actions commenced on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.