GREGORY
LASKY AND ADVOCATES FOR DISABLED AMERICANS
(AFDA)
VS. BOROUGH OF HIGHTSTOWN
A-5256-10T1
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
