(1) In addition to, and not in lieu of any other damages that may be claimed, a plaintiff who is a sports official shall receive liquidated damages in an amount not less than $500 but not more than $1,000 in any action in which the plaintiff establishes that:
- (a) The defendant intentionally subjected the plaintiff to offensive physical contact;
- (b) The defendant knew that the plaintiff was a sports official at the time the offensive physical contact was made;
- (c) The offensive physical contact is made while the plaintiff is within, or in the immediate vicinity of, a facility at which the plaintiff serves as a sports official for a sports event; and
- (d) The offensive physical contact is made while the plaintiff is serving as a sports official or within a brief period of time thereafter.
- (2) The court shall award reasonable attorney fees to a prevailing plaintiff in an action in which liquidated damages are awarded under this section.
- (3) An award of liquidated damages under this section is not subject to ORS 31.725, 31.730 or 31.735.
(4) As used in this section, “sports official” means a person who:
- (a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and
- (b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating.
[1999 c.786 §1]