FRANK v. IVY CLUB


228 N.J. Super. 40 (1988)

548 A.2d 1142

SALLY FRANK, COMPLAINANT-RESPONDENT, v. IVY CLUB AND TIGER INN, RESPONDENTS-APPELLANTS. and TRUSTEES OF PRINCETON UNIVERSITY, RESPONDENT, AND UNIVERSITY COTTAGE CLUB, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1988.


Attorney(s) appearing for the Case

Barbara Strapp Nelson argued the cause for appellant Ivy Club (McCarthy & Schatzman, attorneys; Barbara Strapp Nelson on the brief).

Russel H. Beatie, Jr., argued the cause for appellant Tiger Inn (Russel H. Beatie, Jr., and Lum, Hoens, Abeles, Conant & Danzis, attorneys, Russel H. Beatie, Jr., Wayne J. Positan and Susan A. Winston, of counsel, Russel H. Beatie, Jr. and Wayne J. Positan on the brief).

Alexander P. Waugh, Jr., argued the cause for respondent, Trustees of Princeton University (Smith, Stratton, Wise, Heher & Brennan, attorneys, Nicholas deB. Katzenbach of the firm of Riker, Danzig, Scherer, Hyland & Perretti and Thomas H. Wright, Jr., General Counsel, Princeton University, of counsel; Alexander P. Waugh, Jr. on the brief).

Susan Reisner, Deputy Attorney General, argued the cause for respondent Division on Civil Rights (W. Cary Edwards, Attorney General of New Jersey, attorney, Andrea M. Silkowitz, Assistant Attorney General, of counsel; Susan Reisner on the brief).

Sally Frank, respondent, argued the cause pro se and Nadine Taub, argued the cause for respondent Sally Frank, and on behalf of the American Civil Liberties Union of New Jersey (Rutgers University Women's Rights Clinic, attorney, Sally Frank, Nadine Taub and P. Kay McGahen on the brief).

Before Judges J.H. COLEMAN, HAVEY and STERN.


The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The crucial issue raised in these sex based discrimination appeals is whether the Division on Civil Rights (Division) followed the appropriate procedure before concluding that eating clubs located on Prospect Avenue, in Princeton, New Jersey, are subject to the public accommodations provision of New Jersey Law Against Discrimination (N.J.S.A. 10:5-12f). We conclude it did not. We therefore reverse...

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