Tom Bain Civil Rights Law in California

Section 52.1(a) of the Civil Code created the Tom Bain Civil Rights Act, which provides that if a person, acting under cover of law or not, intervenes by threat, intimidation, or coercion, or attempts to intervene by threat, intimidation, or coercion, with effect or the exercise by any person or persons of the rights guaranteed by the Constitution or the laws of the United States, or the rights guaranteed by the Constitution or the laws of this state, the Attorney General or any District Attorney or City Attorney’s attorney may file a civil action for injunctive relief and other appropriate remedies by right. justice on behalf of the people of the State of California, to protect the peaceful exercise or enjoyment of a protected right or rights.

A lawsuit filed by the Attorney General, any District Attorney, or any City Attorney may also seek an administrative fine of $25,000. If this civil penalty is requested, it shall be imposed individually on each person found to have violated this section, and the penalty shall be imposed on each person whose rights under this section are found to have been violated.

In addition, any person whose exercise or enjoyment of rights guaranteed by the Constitution or laws of the United States, or rights guaranteed by the Constitution or laws of California, has been interfered with or attempted to be interfered with may initiate criminal proceedings and sue on his behalf in a civil action for damages. , including, but not limited to, injunctive relief and other appropriate remedies in equity to protect the peaceful exercise or exercise of a right or secured rights.

If a court issues a temporary restraining order or a preliminary or permanent injunction in respect of a pending action that directs the defendant to refrain from conduct or action, the issued order must contain the following statement: VIOLATION OF THIS ORDER IS A CRIME PUNISABLE UNDER SECTION 422.77 OF THE CRIMINAL CODE. The plaintiff or attorney must deliver copies of the order to each local law enforcement agency that has jurisdiction over the plaintiff’s place of residence, as well as any other places where the court determines the likelihood of acts of violence against the plaintiff.

The court may award the plaintiff or plaintiff a reasonable attorney’s fee. Violation of an order can be punished either by court order or by court order for contempt of court.

Speech alone is not sufficient to substantiate a claim, unless it is shown that the speech itself threatens violence against a particular person or group of persons; and the person or group of persons against whom the threat is directed have a reasonable fear that violence will be committed against them or their property because of the speech and that the person threatening violence had a clear opportunity to carry out the threat.

No order issued may restrict the content of any person’s speech. An order restricting the time, place, or manner of speaking of any person shall be effective only to the extent reasonably necessary to protect the peaceful exercise or enjoyment of constitutional or legal rights consistent with the constitutional rights of the person to be sanctioned.

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