NJ Civil Rights Act Signed

September 12, 2004

Gov. James E. McGreevey signed a bill yesterday enabling New Jerseyans to sue in state court over violations of their civil rights, despite a warning that citizens will be afraid to use it for fear of being forced to pay for the other side's lawyers.

Supporters said the new law, the New Jersey Civil Rights Act, would supplement New Jersey's Law Against Discrimination, one of the oldest and toughest civil rights laws in the nation. It covers discrimination based on race, religion, age, sex, marital status, sexual orientation and disability but does not cover other civil rights violations, such as suppression of speech.

The new law, which took effect immediately, allows citizens to sue in state court for any violation of their civil rights that is not merely procedural. It also gives the attorney general new powers to go to court to stop violations of civil rights.

It gives us an additional, robust tool for appropriate legal redress when our constitutionally protected rights are indeed violated, either by governmental or private actors, McGreevey said.

But the state chapter of the American Civil Liberties Union warned that a last-minute amendment to the bill could discourage citizens from using it. That amendment allows the winning side, whether plaintiff or defendant, individual or huge corporation, to ask a judge to order the loser to pay for its lawyers.

The bill passed the Legislature last June after being amended to ease concerns by the state League of Municipalities that it was so broad it would drive up towns' legal bills and insurance premiums, forcing them to increase property taxes.