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USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 337-B. CIVIL RIGHTS ACT (HEADING. PL 1989, c. 582 (new))
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Title 5 - §4681. Violations of constitutional rights; civil action by Attorney General
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-B: CIVIL RIGHTS ACT (HEADING: PL 1989, c. 582 (new))
§4681. Violations of constitutional rights; civil action by Attorney General
1. Interference with rights; action by Attorney General. Whenever any person, whether or not acting under color of law, intentionally interferes or attempts to intentionally interfere
by physical force or violence against a person, damage or destruction of property or trespass on property or by the threat
of physical force or violence against a person, damage or destruction of property or trespass on property with the exercise
or enjoyment by any other person of rights secured by the United States Constitution or the laws of the United States or of
rights secured by the Constitution of Maine or laws of the State or violates section 4684-B, the Attorney General may bring
a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment
of the rights secured.
[2001, c. 50, §1 (new).]
2. Place and name of action. A civil action under subsection 1 must be brought in the name of the State and instituted in the Superior Court for the
county where the alleged violator resides or has a principal place of business or where the alleged violation occurred.
[2001, c. 50, §1 (new).]
3. Jury trial. There is a right to a jury at the trial of an action on the merits under this section, but there is no right to a jury at
the hearing of an application for a preliminary injunction or a temporary restraining order.
[2001, c. 50, §1 (new).]
4. Civil penalty for violation. Each violation of this section is a civil violation for which a civil penalty of not more than $5,000 for each defendant
may be adjudged. These penalties must be applied by the Attorney General in carrying out this chapter.
[2001, c. 50, §1 (new).]
5. Service of order or injunction. Each temporary restraining order or preliminary or permanent injunction issued under this section must include a statement
describing the penalties provided in this section for a knowing violation of the order or injunction. The clerk of the Superior
Court shall transmit one certified copy of each order or injunction issued under this section to the appropriate law enforcement
agency having jurisdiction over locations where the defendant is alleged to have committed the act giving rise to the action,
and service of the order or injunction must be accomplished pursuant to the Maine Rules of Civil Procedure. Unless otherwise
ordered by the court, service must be made by the delivery of a copy in hand to the defendant.
[2001, c. 50, §1 (new).]
6. Violation of restraining order or injunction. A person who knowingly violates a temporary restraining order or preliminary or permanent injunction issued under this section
commits a Class D crime.
[2001, c. 50, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4682. Violations of constitutional rights; civil actions by aggrieved persons
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-B: CIVIL RIGHTS ACT (HEADING: PL 1989, c. 582 (new))
§4682. Violations of constitutional rights; civil actions by aggrieved persons
1. Remedy.
[1991, c. 821, §2 (rp).]
REALLOCATED TO T. 5, §4682, sub-§1-A
1. Interference with rights; private actions.
[2001, c. 50, §2 (rpr); RR 2001, c. 1, §11 (ral).]
REALLOCATED FROM T. 5, §4682, sub-§1
1-A. Interference with rights; private actions. Whenever any person, whether or not acting under color of law, intentionally interferes or attempts to intentionally interfere
by physical force or violence against a person, damage or destruction of property or trespass on property or by the threat
of physical force or violence against a person, damage or destruction of property or trespass on property with the exercise
or enjoyment by any other person of rights secured by the United States Constitution or the laws of the United States or of
rights secured by the Constitution of Maine or laws of the State or violates section 4684-B, the person whose exercise or
enjoyment of these rights has been interfered with, or attempted to be interfered with, may institute and prosecute in that
person's own name and on that person's own behalf a civil action for legal or equitable relief.
[RR 2001, c. 1, §11 (ral).]
2. Place of action. The action under subsection 1 must be instituted in the Superior Court for the county where the alleged violator resides
or has a principal place of business.
[2001, c. 50, §2 (new).]
3. Jury trial. There is a right to a jury at the trial of an action on the merits under this section, but there is no right to a jury at
the hearing of an application for a preliminary injunction or a temporary restraining order.
[2001, c. 50, §2 (new).]
4. Service of order or injunction. Each temporary restraining order or preliminary or permanent injunction issued under this section must include a statement
describing the penalties provided in this section for a knowing violation of the order or injunction. The clerk of the Superior
Court shall transmit one certified copy of each order or injunction issued under this section to the appropriate law enforcement
agency having jurisdiction over locations where the defendant is alleged to have committed the act giving rise to the action,
and service of the order or injunction must be accomplished pursuant to the Maine Rules of Civil Procedure. Unless otherwise
ordered by the court, service must be made by the delivery of a copy in hand to the defendant.
[2001, c. 50, §2 (new).]
5. Violation of restraining order or injunction. A person who knowingly violates a temporary restraining order or preliminary or permanent injunction issued under this section
commits a Class D crime.
[2001, c. 50, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4683. Attorney's fees and costs
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-B: CIVIL RIGHTS ACT (HEADING: PL 1989, c. 582 (new))
§4683. Attorney's fees and costs
In any civil action under this chapter, the court, in its discretion, may allow the prevailing party, other than the State,
reasonable attorney's fees and costs, and the State shall be liable for attorney's fees and costs in the same manner as a
private person.
[1989, c. 582 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4684-A. Civil rights
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-B: CIVIL RIGHTS ACT (HEADING: PL 1989, c. 582 (new))
§4684-A. Civil rights
For purposes of this chapter and Title 17, section 2931, a person has the right to engage in lawful activities without being
subject to physical force or violence, damage or destruction of property, trespass on property or the threat of physical force
or violence, damage or destruction of property or trespass on property motivated by reason of race, color, religion, sex,
ancestry, national origin, physical or mental disability or sexual orientation.
[1993, c. 379, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4684-B. Additional protections
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-B: CIVIL RIGHTS ACT (HEADING: PL 1989, c. 582 (new))
§4684-B. Additional protections
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Building" means any structure having a roof or a partial roof supported by columns or walls that is used or intended to
be used for shelter or enclosure of persons or objects regardless of the materials of which it is constructed.
[1995, c. 417, §3 (new).]
B. "Health service" means any medical, surgical, laboratory, testing or counseling service relating to the human body.
[1995, c. 417, §3 (new).]
C. "Physical obstruction" means rendering impassable ingress to or egress from a building or rendering passage to or from a
building unreasonably difficult or hazardous.
[1995, c. 417, §3 (new).]
[1995, c. 417, §3 (new).]
2. Violation. It is a violation of this section for any person, whether or not acting under color of law, to intentionally interfere or
attempt to intentionally interfere with the exercise or enjoyment by any other person of rights secured by the United States
Constitution or the laws of the United States or of rights secured by the Constitution of Maine or laws of the State by any
of the following conduct:
A. Engaging in the physical obstruction of a building;
[1995, c. 417, §3 (new).]
B. Making or causing repeated telephone calls to a person or a building, whether or not conversation ensues, with the intent
to impede access to a person's or building's telephone lines or otherwise disrupt a person's or building's activities;
[1995, c. 417, §3 (new).]
C. Activating a device or exposing a substance that releases noxious and offensive odors within a building; or
[1995, c. 417, §3 (new).]
D. After having been ordered by a law enforcement officer to cease such noise, intentionally making noise that can be heard
within a building and with the further intent either:
(1) To jeopardize the health of persons receiving health services within the building; or
(2) To interfere with the safe and effective delivery of those services within the building.
[1995, c. 417, §3 (new).]
[1995, c. 417, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4684. Application includes interference by private parties
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-B: CIVIL RIGHTS ACT (HEADING: PL 1989, c. 582 (new))
§4684. Application includes interference by private parties
For the purposes of this chapter and Title 17, section 2931, rights secured by the Constitution of the United States and the
laws of the United States and by the Constitution of Maine and the laws of the State include rights that would be protected
from interference by governmental actors regardless of whether the specific interference complained of is performed or attempted
by private parties.
[1991, c. 821, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4685. Short title
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-B: CIVIL RIGHTS ACT (HEADING: PL 1989, c. 582 (new))
§4685. Short title
This chapter may be known and cited as the "Maine Civil Rights Act."
[1991, c. 821, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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