California Civil Code Section 52.1 was written and implemented to provide Californians with protection against intimidation, threats, coercion that interfere with an individual’s State Rights, Federal Rights or those which are constitutional.
The rights include the right to association, assembly, due process, education, employment, equal protection, expression, formation, and enforcement of contracts, holding of public office, housing, privacy, speech, travel, use of public facilities, voting, worship, and protection from bodily restraint or harm, from personal insult, from defamation, and from injury to personal relations.
An element of proof in order to prevail is establishing a “Hateful Motivation”.
Civil penalties for perpetrators
Civil remedies to victims of “hate crime violence”
Three times actual damages, but no less than $1,000
Restraining orders and injunctive, or other equitable relief (violation of which is punishable by a criminal contempt action, with a penalty of six months in jail and/or a fine not exceeding $1,000)
Attorney’s fees
The Bane Act permits an individual to pursue a civil action for damages where another person interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state.
The essence of a Bane Act claim is that the defendant, by the specified improper means (i.e., “threat, intimidation or coercion”), tried to or did prevent the individual from doing something he or she had the right to do under the law or to force the plaintiff to do something that he or she was not required to do under the law.
Civil Code 52.1 was enacted as part of Assembly Bill No. 63 and is known as the Tom Bane Civil Rights Act. It was intended to supplement the Ralph Civil Rights Act as an additional legislative effort to deter violence.
Speech alone is insufficient to support an action under the Civil Code 52.1 & The Bane Act, unless the speech threatens violence and the person or group of persons against whom the threat is directed “reasonably” fears that violence will be committed against them or their property and the person threatening violence has the ability to carry out the threat.
The victim has standing to sue, as well as associates of the victim if they were also subjected to violence or threats of violence. Damages allowed include medical expenses, impaired earning capacity, lost property value, pain, suffering, emotional distress, and loss of services.
If you believe that you, or a loved one has been the victimized by a of a hate crime in Fresno or the Central Valley, contact Tryk Law, PC today for a free consultation to determine whether you have the right to due under the Bane Act. We offer free no-obligation same day consultations during the week and regular business hours.
