Quick ExitThe Maine Civil Rights Act authorizes the Attorney General to seek restraining orders against persons who commit violence, threats of violence, or property damage motivated by bias. Civil rights can be defined in the simplest terms as our personal liberties or rights. Civil rights enforcement is the means by which the State of Maine protects those rights, ensuring that the people of Maine are afforded the rights guaranteed to them by the laws and constitutions of the United States and Maine.
See the Civil Rights Team Project page for more information about civil rights in schools.
How Enforcement Works
Law enforcement officers in Maine are trained to identify and report to the Office of the Attorney General all potential civil rights cases. Most police agencies have one or more trained Civil Rights Officers. Most of the enforcement actions brought under the Maine Civil Rights Act begin with a referral from a police agency.
Who Is Protected
All people living, working, or visiting in the State of Maine are protected. The Maine Civil Rights Act prohibits bias based on race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity.
Elements of a Violation
To bring an action under the Maine Civil Rights Act we must have evidence of prohibited conduct and we must be able to show that the prohibited conduct was motivated in whole or part by bias based on race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity.
Restraining Orders and Civil Penalties
If there is evidence to prove that the Maine Civil Rights Act has been violated, the Attorney General files an action in court for a restraining order. Restraining orders are also called injunctions. Injunctions are orders from the court that limit the defendant's conduct and restrict the defendant's movement. Most injunctions have no end date and are in effect as long as the defendant is in the State of Maine. The Attorney General can also seek civil penalty under the Maine Civil Rights Act. The civil penalty can be as much as $5,000 per violation.
Violation of the Restraining Order
Once a restraining order (the injunction) is in place, violation of the terms of the order is a crime which is prosecuted by the Office of the Attorney General and is punishable by up to one year in jail.
Clues That Indicate Bias Motivation
The perception of the victim or witness that the person, or the person's property, was selected because of the victim's race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity:
- Written or spoken comments indicating a bias
- Where and when the incident happened
- Differences (e.g. racial, ethnic, etc?) between the victim and the perpetrator
- Involvement by an organized hate group
Enforcement Options
While the Attorney General brings actions under the Maine Civil Rights Act, the District Attorney can prosecute any criminal violations motivated by bias under the Maine Criminal Code. The same conduct can be acted upon by the Attorney General under the Maine Civil Rights Act and by the District Attorney under the Maine Criminal Code.
Maine Human Rights Act
Discrimination is an unfair treatment or practice. In the State of Maine, the law prohibiting discrimination is the Maine Human Rights Act. The Maine Human Rights Act prohibits discrimination in employment, housing, public accommodation, and credit.