CARMENA
STONEY AND LINDA VANDEUSEN VS. MAPLE SHADE
TOWNSHIP
A-1777-10T3
At
issue is whether a trial court may deny injunctive relief upon a jury finding
of access discrimination under Title II of the Americans with Disabilities Act (ADA),
42 U.S.C.A. §§ 12101-12213, and the New Jersey Law Against Discrimination (LAD),
N.J.S.A. 10:5-1 to -49.
We hold that although injunctive relief
is authorized by both the ADA and LAD, it does not automatically follow from a breach
of either statute. Instead, where
a party has
demonstrated
actual success on the merits, a court must balance three factors to determine
whether injunctive relief is appropriate: (1) the threat of irreparable harm to
the movant;
(2)
the harm to be suffered by the non-moving party if the injunction is granted;
and, most significantly, (3) the public interest at stake, which strongly
favors mandating
accessibility.
Moreover, irreparable harm to the
disabled individual from a denial of access should be presumed in cases
involving facilities built or "altered" after January 26, 1992, the
effective date of Title II's implementing regulations, which mandate
compliance with specific architectural standards. 05-11-12
