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Allegation by disabled claimant of past frequent use and intention to return to facility in the future is sufficient basis to provide standing to bring action under ADA and the New Jersey Law Against Discrimination.

April 1, 2010
Lasky v. Camden County, Docket No. 09-4338 (U.S.D.C. Jan. 20, 2010)

The claimant, a disabled individual who resides in Florida, filed an action against the County and City of Camden alleging that due to architectural barriers he was unable to fully access the services which they offered. The City and County both challenged Lasky's standing to bring the Action given his place of residence and since only injunctive relief could be sought under the ADA. In upholding Lasky's ability to pursue the Action, Judge Kugler concluded that Lasky's representation that he had attempted to use the facilities in the past, that due to architectural limitations he was unable to fully access the facilities, and that he intended to return to Camden in the future in conjunction with his prosecution of pending lawsuits was sufficient to provide standing to pursue the Action.

Case Law Alert - 2nd Qtr 2010

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Lawrence B. Berg
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(856) 414-6031
lbberg@mdwcg.com

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