NJ Senate Passes Enhanced Civil Rights Bill

June 19, 2004

Legislation that would allow New Jerseyans to sue in state court for any violation of their civil rights passed the Senate yesterday by a 22-12 vote despite warnings it will drive up municipal insurance costs and property taxes.

Supporters, including the state chapter of the American Civil Liberties Union, said it would augment the protections that citizens already have under the state's Law Against Discrimination, which includes protection against discrimination on the basis of sexual orientation, gender identity, or domestic partnership.

That law is widely regarded as one of the toughest laws in the nation against discrimination based on race, religion, age, sex, marital status, sexual orientation or disability. It does not apply to other civil rights violations such as suppression of speech.

The bill would allow individuals and corporations to sue in state court for any violation of their civil rights and, if they win, force the losing side to pay damages and their legal fees.

Sen. Nia Gill (D-Essex), one of the bill's sponsors, said the targets of the bill are individuals or groups that violate the civil rights of others but cannot be sued in federal court because they are not acting with legal authority. The bill would give the attorney general the power to sue them in state court and force them to pay penalties, she said.

Frank Askin, founder of the Constitutional Litigation Clinic at Rutgers Law School in Newark, said the bill would fill a gap in the law. He said citizens cannot sue in federal court, where they can collect lawyers' fees, to enforce their rights under the state constitution. The bill would let them bring such cases in state court and collect lawyers' fees if they win, he said.

The bill (A2073) by Assemblyman Neil Cohen (D-Union) had passed the Assembly 51-6 in February but must go back to the lower house for approval of changes made in the Senate. Those changes allow any winning party, whether plaintiff or defendant, individual or corporation, to ask a judge to award lawyers' fees.

Resources

• A 2073 (pdf)(html)