Wednesday, June 27, 2012
GREGORY LASKY AND ADVOCATES FOR DISABLED AMERICANS (AFDA) VS. BOROUGH OF HIGHTSTOWN A-5256-10T1
GREGORY LASKY AND ADVOCATES FOR DISABLED AMERICANS
(AFDA) VS. BOROUGH OF HIGHTSTOWN
In a public accommodation disability discrimination claim against a municipality under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, alleging an overall lack
of access, we hold that an advance request for an accommodation from the disabled individual is not a precondition to filing suit.
We distinguish, as requiring such notice, those claims alleging a failure to reasonably accommodate and account for making specific adaptations required by the individual's
disability, that is not equivalent to a facility's general unavailability on prohibited grounds. 05-11-12