New Jersey Attorney General Gurbir Grewal praised the newly enacted law that gives his office and the Division on Civil Rights authority to initiate Superior Court actions claiming violation of the state Law Against Discrimination on behalf of those who have not, or are unable to, file a suit for themselves.

The bill was signed into law by Gov. Phil Murphy on Jan. 21 and becomes effective immediately.

Gurbir Grewal/photo by Carmen Natale/ALM

"New Jersey already has the nation's oldest and one of its most comprehensive state civil rights laws, and the Governor's signing of this legislation makes us even stronger," Grewal said in an email to the Law Journal after the signing. "This law preserves and expands the ability of the Attorney General's Office and the Division on Civil Rights to protect the rights of individuals and families, and to hold accountable those who would discriminate on the basis of race, religion, gender, sexual orientation or any other protected category.

"I welcome this new law, and want to extend my thanks to Senate President [Steve] Sweeney, Assembly Speaker [Craig] Coughlin, legislative sponsors and Governor Murphy for standing up for the civil rights of all New Jerseyans," Grewal said in the Jan. 24 message.

The law clarifies that prevailing plaintiffs in a Superior Court action under the LAD may seek and obtain the same injunctive relief that the director may award in an administrative proceeding under that law. In such cases where no plaintiff has filed a lawsuit, it would be up to the attorney general and the director of the division whether to move forward on litigation, according to the measure. Additionally, it clarifies that the attorney general or director may seek and obtain penalties authorized under the LAD, or alternatively, punitive damages "payable to the state." The new law also mandates an award of attorney fees, and litigation and investigation costs, in Superior Court actions under the LAD if the state prevails.

S-3878 is intended to aid those who feel they've been discriminated against but lack the resources to pursue legal action, according to its sponsors: Sen. Loretta Weinberg, D-Bergen, who was the primary sponsor in the upper chamber with Sen. Teresa Ruiz, D-Essex, and Sandra Cunningham, D-Hudson.

Among its provisions, S-3878 revises the LAD section authorizing Superior Court actions against local governments for discriminatory land use or housing regulations, providing that such actions may be brought by the attorney general or the director.

Ruiz said she dialed up the Attorney General's Office after reading an article last year about Pine Valley, a town made up largely of a golf course, and the second-smallest municipality in New Jersey, that allows only men to be members and buy homes there. Women are barred from owning homes and can only golf there on Sunday afternoons. The article, "Inside NJ's exclusive, tiny town where only men who golf can own homes," appeared on nj.com last January and became the impetus for the legislation, said Ruiz.

"I am grateful the Governor signed this bill into law," Ruiz said in a recent email. "In instances

State Sen. Teresa Ruiz, D-Essex/courtesy photo

like the male-only Pine Valley Golf Course, the AG's Office can step in and file a suit, rather than leaving these businesses unchecked until an individual chooses to pursue legal action.

"Not only will this allow us to strike down discriminatory policies proactively, but in cases where such a policy has already disrupted someone's life, it will expedite the process and allow the matter to be resolved as quickly as possible," Ruiz said.

S-3878 passed the full Senate on Jan. 13 by a 25-10 vote. It was substituted for A-5394, the bill's Assembly version, and passed that house 65-3 with five abstentions on the same day. A-5394 was sponsored by Assemblyman Paul Moriarty, D-Gloucester/Camden, and Angela McNight, D-Hudson.