Int. No. 1201
By Council Members Hanif, Bottcher, Rivera, Ossé, Restler, Hudson, Nurse, De La Rosa and Louis (in conjunction with the Brooklyn Borough President)
A Local Law to amend the administrative code of the city of New York, in relation to access to gender-affirming care facilities and a cause of action related to interference with gender-affirming care
Be it enacted by the Council as follows:
Section 1. The definition of “access to reproductive health care facilities law” set forth in subdivision a of section 3-119.6 of the administrative code of the city of New York, as added by local law number 75 for the year 2022, is amended to read as follows:
Access to [reproductive] health care [facilities] law. The term “access to [reproductive] health care [facilities] law” means the provisions contained in chapter 10 of title 10 [of this code].
§ 2. Paragraphs 1 and 4 of subdivision b of section 3-119.6 of the administrative code of the city of New York, as amended by local law number 83 for the year 2022, are amended to read as follows:
1. Protections for those seeking [reproductive services] care or working at a [reproductive] health care facility related to bodily autonomy, as such term is defined in section 10-1002, under the access to [reproductive] health care [facilities] law;
4. The right of an individual to bring a civil action for violations of the access to [reproductive] health care [facilities] law and for actual damages based on such law;
§ 3. Chapter 10 of title 10 of the administrative code of the city of New York, as redesignated and amended by local law number 63 for the year 2018, is amended to read as follows:
CHAPTER 10
PREVENTION OF INTERFERENCE WITH [REPRODUCTIVE] ACCESS TO HEALTH [SERVICES] CARE RELATED TO BODILY AUTONOMY
§ 10-1001 Short title. This chapter shall be known and may be cited as the “access to [reproductive] health care [facilities] law[”.].”
§ 10-1002 Definitions. As used in this chapter, the following terms have the following meanings:
[Person. The term "person" means an individual, corporation, not-for-profit organization, partnership, association, group or any other entity.]
Gender-affirming care. The term “gender-affirming care” means medical, surgical, behavioral health, psychosocial, and other care intended to support and affirm a person’s self-determined gender identity or expression. The term “gender-affirming care” does not include sexual orientation, gender identity, and gender expression change efforts.
Health care facility related to bodily autonomy. The term “health care facility related to bodily autonomy” means any building, structure, or place, or any portion thereof, at which licensed, certified, or otherwise legally authorized persons provide health care or health care counseling relating to the human reproductive system or other gender-affirming care.
Premises of a [reproductive] health care facility related to bodily autonomy. The term “premises of a [reproductive] health care facility related to bodily autonomy” means the driveway, entrance, entryway, or exit of a [reproductive] health care facility related to bodily autonomy and the building in which such facility is located and any parking lot in which [the] such facility has an ownership or leasehold interest.
[Reproductive health care facility. The term “reproductive health care facility” means 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.]
Sexual orientation, gender identity, and gender expression change efforts. The term “sexual orientation, gender identity, and gender expression change efforts” means efforts intended to change a person’s self-determined gender identity or expression, or sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same gender. The term “sexual orientation, gender identity, and gender expression change efforts" does not include counseling or treatment for a person seeking to transition from one gender to another, or therapy that (i) provides acceptance, support, and understanding of a person or the facilitation of a person’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, and (ii) does not seek to change sexual orientation, gender identity, or gender expression.
§ 10-1003 Prohibition of activities to prevent access to [reproductive] health care facilities related to bodily autonomy. a. Unlawful conduct. It is 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 related to bodily autonomy 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 related to bodily autonomy, so as to impede access to or from [the] such facility, or to attempt to do the same;
3. To follow and harass another person within 15 feet of the premises of a [reproductive] health care facility related to bodily autonomy;
4. To engage in a course of conduct or repeatedly commit acts within 15 feet of the premises of a [reproductive] health care facility related to bodily autonomy when such behavior places another person in reasonable fear of physical harm, or to attempt to do the same;
5. To physically damage a [reproductive] health care facility related to bodily autonomy so as to interfere with its operation, or to attempt to do the same; or
6. To knowingly interfere with the operation of a [reproductive] health care facility related to bodily autonomy, or to attempt to do the same, by activities that include, but are 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 violates any provision of subdivision a of this section is guilty of a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment not to exceed [six] 6 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 $5,000 or imprisonment not to exceed [one] 1 year, or both.
§ 10-1004 Civil cause of action. Where there has been a violation of subdivision a of section 10-1003, any person whose ability to access a [reproductive] health care facility related to bodily autonomy has been interfered with, and any owner or operator of a [reproductive] health care facility related to bodily autonomy or any 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:
[a.] 1. Injunctive relief;
[b.] 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 [$5,000] $10,000, whichever is greater; and
[c.] 3. Attorney’s fees and costs.
§ 10-1005 Civil action by city to enjoin interference with access to [reproductive] health care facilities related to bodily autonomy. 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 10-1003.
§ 10-1006 Joint and several liability. If it is found, in any action brought pursuant to the provisions of this chapter, that [two] 2 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 10-1003, such defendants shall be held jointly and severally liable for any fines or penalties imposed or any damages awarded.
§ 10-1007 Construction. a. This chapter does not 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 are cumulative and are not exclusive.
b. This chapter does not prohibit expression protected by the first amendment of the constitution of the United States or section 8 of article 1 of the constitution of the state of New York.
c. This chapter does not limit the lawful exercise of any authority vested in the owner or operator of a [reproductive] health care facility related to bodily autonomy, the owner of the premises [in which such] of a health care facility [is located] related to bodily autonomy, or a law enforcement officer of the city, the state of New York, or the United States acting within the scope of such person’s official duties.
§ 4. Chapter 21 of title 17 of the administrative code of the city of New York, as added by local law number 76 for the year 2022, is amended to read as follows:
CHAPTER [21] 22
[Interference with Reproductive or Endocrine Medical Care] CIVIL ACTION FOR INTERFERENCE WITH HEALTH CARE RELATED TO BODILY AUTONOMY
§ [17-2101] 17-2201 Definitions. For purposes of this chapter, the following terms have the following meanings:
Gender-affirming care. The term “gender-affirming care” means medical, surgical, behavioral health, psychosocial, and other care intended to support and affirm a person’s self-determined gender identity or expression. The term “gender-affirming care” does not include sexual orientation, gender identity, and gender expression change efforts.
Providing, receiving, or assisting in the receipt or provision of, or materially supporting, gender-affirming care. The term “providing, receiving, or assisting in the receipt or provision of, or materially supporting, gender-affirming care” includes, but is not limited to, the following actions: expressing interest in, inducing, using, performing, furnishing, paying for, disseminating information about, arranging, insuring, assisting, or otherwise taking action to engage in gender-affirming care; or attempting any of the same.
Sexual orientation, gender identity, and gender expression change efforts. The term “sexual orientation, gender identity, and gender expression change efforts” means efforts intended to change a person’s self-determined gender identity or expression, or sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same gender. The term “sexual orientation, gender identity, and gender expression change efforts" does not include counseling or treatment for a person seeking to transition from one gender to another, or therapy that (i) provides acceptance, support, and understanding of a person or the facilitation of a person’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, and (ii) does not seek to change sexual orientation, gender identity, or gender expression.
§ 17-2202 Claim for interference with [reproductive or endocrine medical care] health care related to bodily autonomy. a. A person may bring a civil action for interference with [reproductive or endocrine medical care] health care related to bodily autonomy on the basis of such person providing, receiving, or assisting in the receipt or provision of, or materially supporting, gender-affirming care or medical care relating to the human reproductive or endocrine systems that was lawfully provided in the city when a civil action is commenced against such person in any state[, for which] on such basis, upon which liability, in whole or in part, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, is [based on the provision, receipt, assistance in receipt or provision of, or material support for, medical care relating to the human reproductive or endocrine systems, which was lawfully provided in the city] premised.
b. A claim for interference with [reproductive or endocrine medical care] health care related to bodily autonomy under subdivision a of this section may not be based upon the commencement of any civil action that is founded in tort, contract, or statute and for which a similar claim would exist under the laws of the state of New York or of the city and which is:
1. Brought by the patient who received [the medical] such health care, or the patient’s authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or
2. Brought by a party with a contractual relationship with the person that is the subject of the action.
c. A plaintiff who prevails on a claim alleging interference with [reproductive or endocrine medical care] health care related to bodily autonomy under subdivision a of this section shall be awarded statutory damages of $10,000. In addition, the court, in issuing a final order in any action brought pursuant to this section, may award costs of litigation to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.
§ 5. This local law takes effect immediately.
JMF
LS #18267
02/19/2025 6:02 PM