Section 204 - Cause of action.

UT Code § 53B-27-204 (2019) (N/A)
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(1) The following persons may bring an action in a state court of competent jurisdiction to enjoin a violation of this part or to recover compensatory damages, reasonable court costs, or reasonable attorney fees: (a) the attorney general; or (b) a person claiming that the person's expressive rights, as described in this part, were violated.

(a) the attorney general; or

(b) a person claiming that the person's expressive rights, as described in this part, were violated.

(2) In an action brought under this part, if the court finds a violation of this part, the court: (a) shall enjoin the violation; (b) shall, if a person whose expressive rights were violated brought the action, award the person: (i) at least $500 for an initial violation; and (ii) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification; and (c) may award a prevailing plaintiff: (i) compensatory damages; (ii) reasonable court costs; or (iii) reasonable attorney fees.

(a) shall enjoin the violation;

(b) shall, if a person whose expressive rights were violated brought the action, award the person: (i) at least $500 for an initial violation; and (ii) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification; and

(i) at least $500 for an initial violation; and

(ii) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification; and

(c) may award a prevailing plaintiff: (i) compensatory damages; (ii) reasonable court costs; or (iii) reasonable attorney fees.

(i) compensatory damages;

(ii) reasonable court costs; or

(iii) reasonable attorney fees.

(3) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an institution that violates this part is not immune from suit or liability for the violation.