Section 8-801.
§ 8-801. Short title. This local law shall be known as the "access to
reproductive health care facilities act."
Section 8-802
§ 8-802 Definitions. For the purposes of this chapter: a.
"Reproductive health care facility" shall mean any building, structure
or place, or any portion thereof, at which licensed, certified, or
otherwise legally authorized persons provide health care services or
health care counseling relating to the human reproductive system.
b. "Person" shall mean an individual, corporation, not-for-profit
organization, partnership, association, group or any other entity.
c. "Premises of a reproductive health care facility" shall mean the
driveway, entrance, entryway, or exit of a reproductive health care
facility and the building in which such facility is located and any
parking lot in which the facility has an ownership or leasehold
interest.
Section 8-803.
§ 8-803. Prohibition of activities to prevent access to reproductive
health care facilities. a. It shall be unlawful for any person (1) to
knowingly physically obstruct or block another person from entering into
or exiting from the premises of a reproductive health care facility by
physically striking, shoving, restraining, grabbing, or otherwise
subjecting a person to unwanted physical contact, or attempting to do
the same; (2) to knowingly obstruct or block the premises of a
reproductive health care facility, so as to impede access to or from the
facility, or attempt to do the same; (3) to follow and harass another
person within 15 feet of the premises of a reproductive health care
facility; (4) to engage in a course of conduct or repeatedly commit acts
within 15 feet of the premises of a reproductive health care facility
when such behavior places another person in reasonable fear of physical
harm, or attempt to do the same; (5) to physically damage a reproductive
health care facility so as to interfere with its operation, or attempt
to do the same; or (6) to knowingly interfere with the operation of a
reproductive health care facility, or attempt to do the same, by
activities including, but not limited to, interfering with, or
attempting to interfere with (i) medical procedures being performed at
such facility or (ii) the delivery of goods to such facility.
b. Violations. Any person who shall violate any provision of
subdivision a of this section shall be guilty of a misdemeanor
punishable by a fine not to exceed one thousand dollars or imprisonment
not to exceed six months, or both, for a first conviction under this
section. For a second and each subsequent conviction under this section,
the penalty shall be a fine not to exceed five thousand dollars or
imprisonment not to exceed one year, or both.
Section 8-804
§ 8-804 Civil cause of action. Where there has been a violation of
subdivision (a) of section 8-803, any person whose ability to access a
reproductive health care facility has been interfered with, and any
owner or operator of a reproductive health care facility or owner of a
building in which such a facility is located, may bring a civil action
in any court of competent jurisdiction for any or all of the following
relief:
1. injunctive relief;
2. treble the amount of actual damages suffered as a result of such
violation, including where applicable, damages for pain and suffering
and emotional distress, or damages in the amount of five thousand
dollars, whichever is greater; and
3. attorneys' fees and costs.
Section 8-805.
§ 8-805. Civil action by city of New York to enjoin interference with
access to reproductive health care facilities.
The corporation counsel may bring a civil action on behalf of the city
in any court of competent jurisdiction for injunctive and other
appropriate equitable relief in order to prevent or cure a violation of
subdivision a of section 8-803.
Section 8-806
§ 8-806 Joint and several liability. If it is found, in any action
brought pursuant to the provisions of this chapter, that two or more of
the named defendants acted in concert pursuant to a common plan or
design to violate any provision of subdivision a of section 8-803, such
defendants shall be held jointly and severally liable for any fines or
penalties imposed or any damages awarded.
Section 8-807
§ 8-807 Construction. a. No provision of this chapter shall be
construed or interpreted so as to limit the right of any person or
entity to seek other available criminal penalties or civil remedies. The
penalties and remedies provided under this chapter shall be cumulative
and not exclusive.
b. No provision of this chapter shall be construed or interpreted so
as to prohibit expression protected by the First Amendment of the
Constitution of the United States or section eight of article one of the
Constitution of the State of New York.
c. No provision of this chapter shall be construed or interpreted so
as to limit the lawful exercise of any authority vested in the owner or
operator of the reproductive health care facility, the owner of the
premises in which such facility is located, or a law enforcement officer
of New York City, New York State or the United States acting within the
scope of his or her official duties.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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