N.Y. Civil Rights Law § 79-n: Bias-related violence or intimidation; civil remedy

* § 79-n. Bias-related violence or intimidation; civil remedy. 1. The

following definitions are applicable to this section:

(a) The term "disability" means a physical or mental impairment that

substantially limits a major life activity.

(b) The term "age" means sixty years of age or more.

(c) The term "sexual orientation" means a person's actual or perceived

homosexuality, heterosexuality, or bisexuality.

(d) The term "gender" means a person's actual or perceived sex and

shall include a person's gender identity or expression.

2. Any person who intentionally selects a person or property for harm

or causes damage to the property of another or causes physical injury or

death to another, or subjects a person to conduct that would constitute

harassment under section 240.25 of the penal law, or summons a police

officer or peace officer without reason to suspect a violation of the

penal law, any other criminal conduct, or an imminent threat to a person

or property, in whole or in substantial part because of a belief or

perception regarding the race, color, national origin, ancestry, gender,

religion, religious practice, age, disability or sexual orientation of a

person, regardless of whether the belief or perception is correct, or

any person who aids or incites any such conduct, shall be liable, in a

civil action or proceeding maintained by such individual or group of

individuals, for injunctive relief, damages, or any other appropriate

relief in law or equity. If it shall appear to the satisfaction of the

court or justice that the respondent has, in fact, violated this

section, an injunction may be issued by such court or justice, enjoining

and restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. For the purposes

of this subdivision, a person lacks reason to suspect a violation of the

penal law, any other criminal conduct, or an imminent threat to a person

or property where a reasonable person would not suspect such violation,

conduct, or threat.

3. In addition to the remedies in subdivision two of this section,

whenever there shall be a violation of this section by any person or by

any firm, partnership, association, or corporation, an application may

be made by the attorney general in the name of the people of the state

of New York to a court or justice having jurisdiction for an injunction

to enjoin and restrain the continuance of such activity, and to seek

damages, or any other appropriate relief in law or equity. In connection

with any such application, the attorney general is authorized to take

proof and determine the relevant facts and to issue subpoenas in

accordance with the civil practice law and rules.

4. In any such action or proceeding, the court, in its discretion, may

allow the party commencing such action or proceeding, if such party

prevails, reasonable attorneys' fees as part of the costs.

5. In addition to the remedies provided in subdivisions two and three

of this section, a court may additionally impose a civil penalty of not

more than five thousand dollars for each violation of this section.

* NB There are 2 § 79-n's