ABA Journal
"For nearly five years, a 70-pound black Labrador mix named Luna has been at the center of a dispute that started in a Camden County, New Jersey, condominium complex in New Jersey and now sits before the state’s highest court.
Luna’s owners, one of which has a history of anxiety, depression and bipolar disorder, characterize her as an emotional support animal. Their condo association, Player’s Place II, has a strict policy against dogs over 30 pounds and would not grant them an exemption.
The New Jersey Supreme Court now has been asked to decide whether the condo complex’s board must deem Luna to be a “reasonable accommodation” under the New Jersey Law Against Discrimination. The statute prohibits discrimination and harassment based on protected characteristics, including disability, and applies in employment, housing and places of public accommodation.
NJ.com reported on the ongoing case.
Talbot B. Kramer Jr., an attorney for Luna’s owners, who are only identified by their initials in court documents, told NJ.com that the New Jersey law closely follows federal discrimination laws but offers broader protections for people with disabilities.
He contended that their case is “about the needs of a person who had certain handicaps, who had a fix, and then had someone trying to take it away.”
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