S.B. 203 – Restricting Who Can Stand Up For YOUR Rights
We’ve made you aware of the threats posed by H.B. 386, which remains in limbo, but we regrettably need to make you aware of another bill that demands our attention: S.B. 203.
In the short few weeks since the beginning of the 2025 Legislative Session, it has become crystal clear that the Legislature has its crosshairs set on limiting the ways Utah citizens can assert their will. To be sure, we’ve seen what happened to collective bargaining rights, amendments to mail-in ballots, adding burdensome requirements for initiatives and referenda, all of which have come under fire this Session. Consistent with these overhauls, S.B. 203 (Sen. Brady Brammer, District 21), if passed, will limit who can even file a lawsuit in Utah’s courts. So what does S.B. 203 change and why is it important? A brief primer on legal “standing” is in order. But before that, USAC is once again calling on its members to contact their elected officials in the Senate and House requesting that they oppose S.B. 203 and do everything in their power to KILL THIS BILL!
Back to the primer. Simply put, “standing” is a person’s or entity’s right to file a lawsuit and be heard in court. It requires that a person or entity has suffered an injury or damages–i.e., has “standing” to file a claim in court and seek damages or redress. Put differently, that the individual has a “personal stake in the outcome” of the action. “Standing” comes in a few different flavors: (1) traditional standing (e.g., John breaches a contract he entered into with Joe and, as a result, Joe files a lawsuit to recoup monetary damages from John); (2) associational standing (e.g., a member of USAC is cited for trespass for touching the bed of a navigable river and USAC files a lawsuit on the member’s behalf), and (3) organizational standing (e.g., an organization brings suit on its own behalf if it has suffered harm from the law or action being challenged and the interests at stake are connected to the organization’s purpose). Associational and organizational standing are what S.B. 203 threatens. To be sure, associational and organizational standing are essential tools for citizens to be able to challenge questionable legislation or other government action as a group.
If passed, S.B. 203 tees up the proverbial “David vs. Goliath” scenario by confining any challenges to legislation and/or government action to an individual plaintiff who can demonstrate “traditional standing.” But what if multiple people are harmed by the same legislation or government action? They would each need to file a lawsuit as well. In other words, any aggrieved person would need to individually file, fund, and diligently pursue their claim(s) during the lengthy litigation process and the appeals process if warranted. Organizations, like USAC, would be limited in their ability to file lawsuits on behalf of their members, and if they do, S.B. 203 will make it lot more difficult for them to represent the interests of those members.
If you get a sense that this would be a huge financial burden to an individual plaintiff–i.e., a reason to not file suit against the State of Utah–you’re right. And that is clearly by design. The bottom line is that your elected officials continue to chip away at the legal tools citizens have to challenge government action. Despite this, S.B. 203 has continued to sail through the legislative process and has moved to its third reading in the Senate, before moving to the House. While there has been opposition in the Senate, it is nowhere near what it should be given this sweeping threat to citizens’ legal rights. If S.B. 203 gets thirty-eight votes in the House, it will be moving on to Governor Cox for his signature.
While S.B. 203 does not directly affect stream access in Utah, it threatens USAC’s ability to act on behalf of YOU, our members, when YOUR access and recreational rights are threatened or infringed.
So what can you do? Contact your own Senator and Representative (found HERE) and tell them that you oppose S.B. 203 because it restricts your ability to collectively challenge legislation or government action with others that are similarly situated. Tell them that the current standing requirements are more efficient, provide for more consistent court rulings, and spread the financial burden of litigation by grouping similar claimants in a single suit if they choose to do so while meeting the procedural requirements that are currently in place.
Please reach out to your legislators NOW! You can call, email, or text, but be sure to provide your contact information (name, full address) and ask that they vote NO on S.B. 203! There is simply no need for this legislation and it is a clear attempt to limit Utahn’s rights to access the courts.
USAC is aware that there are many other organizations, including the Utah State Bar, that have openly opposed S.B. 203 because it is bad legislation designed to curtail the rights of all Utahns. We hope that our collective voices are heard and S.B. 203 fails in the coming days, but, for now, we all need to make our voices heard!
For additional information and a detailed discussion of the threats posed by S.B. 203, please read USAC’s “REASONS TO OPPOSE SENATE BILL 203.”
THANK YOU for your continued support and involvement!
The Board of Directors
Utah Stream Access Coalition
info@utahstreamaccess.org
www.utahstreamaccess.org
