HB 5186
Establishing of the West Virginia Public Participation Act
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the West Virginia Public Participation Act, aims to protect individuals and entities who engage in activities related to freedom of speech, the right to petition, and association when addressing matters of public concern. It establishes a process for dismissing ‘strategic lawsuits against public participation,’ which are lawsuits filed against someone for exercising these rights. The act provides for judicial review and potential awards of costs and attorneys’ fees to defend against such lawsuits, while also outlining specific exceptions to its application.
Key provisions
- Defines key terms such as ‘strategic lawsuit against public participation’ and ‘matter of public concern.’
- Establishes a procedure for defendants to petition to dismiss lawsuits based on exercising their constitutional rights.
- Sets a timeline for court decisions on dismissal motions and provides for appeal.
- Allows courts to award costs, attorneys’ fees, and other relief to defendants who successfully defend against strategic lawsuits.
- Outlines specific exceptions to the Act's applicability, including enforcement actions, sales transactions, personal injury claims, and family law matters.
- Specifies that the Act does not create new causes of action or alter existing constitutional immunities.
- Provides for judicial review of court orders related to dismissal motions.
- Addresses the potential for awarding attorneys’ fees to plaintiffs in certain circumstances.
Who is affected
- Individuals and entities exercising their constitutional rights of free speech, petition, and association.
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours