MATTER OF REPEAL OF N.J.A.C. 19:53


282 N.J. Super. 217 (1995)

659 A.2d 941

IN THE MATTER OF THE REPEAL OF N.J.A.C. 19:53 AND THE ADOPTION OF A NEW RULE CONCERNING EQUAL EMPLOYMENT AND BUSINESS OPPORTUNITY BY THE CASINO CONTROL COMMISSION. H.A.I.L., D.I.A.L., INC. AND THE MENTAL HEALTH ASSOCIATION IN NEW JERSEY, ALL NONPROFIT CORPORATIONS OF THE STATE OF NEW JERSEY, AND DAVID ESPOSITO, APPELLANTS, v. CASINO CONTROL COMMISSION AND STEVEN P. PERSKIE, JAMES R. HURLEY, FRANK J. DODD, JEANNINE LARUE, AND LEANNA BROWN, ALL IN THEIR OFFICIAL CAPACITY AS MEMBERS OF THE CASINO CONTROL COMMISSION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1995.


Attorney(s) appearing for the Case

Susan E. Di Maria argued the cause for appellants (David P. Lazarus, Community Health Law Project, attorneys; Ms. Di Maria and Robert F. Williams on the brief).

Linda D. Headley, Senior Managing Attorney, argued the cause for appellant New Jersey Protection and Advocacy Incorporated (Sarah W. Mitchell, Executive Director, of counsel; Ms. Headley, on the brief).

David C. Missimer, Assistant General Counsel, argued the cause for respondent New Jersey Casino Control Commission (Mr. Missimer of counsel and on the brief).

Regina H. Nugent, Deputy Attorney General, argued the cause on behalf of amicus curiae State of New Jersey (Andrea M. Silkowitz and Joseph L. Yannotti, Assistant Attorneys General, of counsel; Jeffrey C. Burstein, Deputy Attorney General, and Ms. Nugent on the brief).

Before Judges LANDAU, CONLEY and NEWMAN.


The opinion of the court was delivered by CONLEY, J.A.D.

These consolidated appeals have been brought by three advocacy groups for the handicapped, the Handicapped Advocates for Independent Living (H.A.I.L.), the Disability Information Awareness and Living (D.I.A.L.), and the Mental Health Association in New Jersey, Inc., and David Esposito, a handicapped individual. The appeals involve a challenge to the current regulations...

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