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This entry was published on 2023-03-10
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SECTION 70-B
Unlawful interference with protected rights
Civil Rights (CVR) CHAPTER 6, ARTICLE 7
§ 70-b. Unlawful interference with protected rights. 1. A claim of
unlawful interference with protected rights is established under this
section. Such claim shall arise when a person demonstrates that they
exercised or attempted to exercise, or facilitated or attempted to
facilitate the exercise of a right protected under the constitution of
the state of New York and/or protected or permitted by the laws of the
state of New York, to obtain or provide the medical care described in
subdivision six of this section, and such exercise, provision,
facilitation, or attempt thereof results in litigation or criminal
charges brought against that person in any court in the United States or
its territories.

2. Such claim shall arise when any person or entity commences an
action in any court, in the United States or any of its territories, in
which the allegations against the person, whether civil or criminal,
involve accessing, providing, facilitating, or attempting to access,
provide, or facilitate the medical care described in subdivision six of
this section.

3. In a claim for unlawful interference with protected rights under
this section:

(a) compensatory damages, as well as costs and attorneys' fees,
including expert witness fees, shall be recoverable upon a demonstration
of unlawful interference; and

(b) additional damages of up to three times the amount of compensatory
damages shall be recoverable upon an additional demonstration that the
action against the plaintiff was commenced or continued for the purpose
of harassing, intimidating, punishing or otherwise maliciously
inhibiting the exercise of rights protected in New York, including but
not limited to the rights in subdivision six of this section.

4. Any action or proceeding brought pursuant to this section shall be
commenced no later than six years after the date on which the violation
of this section is committed.

5. Nothing in this section shall affect or preclude the right of any
party to any recovery otherwise authorized by common law, or by statute,
law or rule.

6. Rights specifically protected under this section shall include
lawfully provided medical care including but not limited to reproductive
and/or endocrine health care, and all medical, surgical, counseling or
referral services relating to the human reproductive system, including
but not limited to services relating to pregnancy, contraception, or the
termination of a pregnancy.

7. An action under this section shall be brought in the Supreme Court
of the state of New York.