Cause of action.

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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.
  • (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.
  • (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.




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