Under both the ADA and NJLAD, standing must be shown before a claimant can seek injunctive relief.

The plaintiff instituted an action under the New Jersey Law Against Discrimination and ADA alleging that he was unable to use the facilities due to numerous structural barriers. The plaintiff sought injunctive relief in the form of a mandate that the property be brought into compliance with accessibility standards. In denying the plaintiff's motion for the entry of a default judgment, the court concluded that the plaintiff had failed to allege sufficient standing to seek the requested relief. Namely, the court found that the plaintiff had not shown a real or immediate threat of injury or that he planned to ever return to the establishment. The plaintiff's allegation that he "desired" to return was insufficient.

Case Law Alert - 1st Qtr 2010