Reasonable accommodation requirement for access to public park.

The plaintiff is a paraplegic and filed suit under Title II of the ADA and the NJLAD claiming that he was denied access to a public park. The plaintiff presented evidence that the park was inaccessible to him and claimed that this constituted a violation of both statutes. The township, while not denying the physical impediments of the park, argued that no violation had taken place since the plaintiff would have been given assistance to access the park had he asked. While refusing to hold that the plaintiff was required to request assistance, the court upheld the jury verdict in favor of the township under the premise that accessibility was a contested fact in the trial.

Case Law Alert - 3rd Qtr 2012