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>Their rights were never chilled. It didn't affect consumers at all, and the law was never enforced before it was (swiftly) struck down. The law didn't harm any
by Rebelgecko 4y ago
>Their rights were never chilled. It didn't affect consumers at all, and the law was never enforced before it was (swiftly) struck down. The law didn't harm anyone.
I don't see how you can say that the right was never chilled, as far as I know there's no way to determine how many lawsuits weren't filed because the potential plaintiffs and their lawyers were afraid of losing their homes due to the fee shifting provision, even if they filed a successful lawsuit.
On top of the difficulty of proving a negative, it turns out there actually are instances of people whose rights are being harmed by this law. There are quite a few court cases that were put on hold while the constitutionality of this part of the law was determined. When it comes to civil rights, I'm in the camp of "a right delayed is a right denied". Every single person whose civil rights lawsuit was put on hold or stayed pending the outcome of this ruling was harmed by it.
On top of that, there's clear evidence that 1021.11 was used to harm people. The judge calls some of these instances out in his ruling (e.g. the Abrera and Defense Distributed cases).