A new anti-bullying law in the city of North Tonawanda would jail or fine parents if their children bully others. Courts in New York State have not yet tested the law, but it could have legal precedent. Constitutional attorney Paul Cambria spoke to WGRZ about the new law and why it could be upheld. The full story is available on the WGRZ website and by watching the video below.
Mr. Cambria told WGRZ that North Tonawanda’s new law may have legal precedent because of a similar law upheld in California. He explained that “the court found it to be valid because there was a level there of responsibility and knowledge on the part of the parents.”
Burden of proof
According to WGRZ, the new law includes a clause that increases the defendant’s burden of proof if children are accused of two violations in a 90-day-period. This clause, known as “rebuttal presumption” essentially creates a guilty-until-proven-innocent scenario wherein the defendant has to prove that they did not violate the law, rather than the plaintiff proving that the defendant did violate the law. “That is a fairly good clause to have in one of these statutes if you’re trying to have them upheld,” Mr. Cambria explained.
About Paul J. Cambria, Jr.
The chair of Lipsitz Green Scime Cambria’s Criminal Defense Trials and Appeals Practice Area, Mr. Cambria advises clients on criminal trials, criminal appeals, constitutional and First Amendment law, zoning and land use, antitrust, and professional licensing defense. He divides his time between the firm’s offices in Buffalo and Los Angeles.