In January of last year, The New Jersey Rock Gym filed a civil suit against The New Jersey Department of Community Affairs and Susan Bass Levin the Commissioner of the DCA in an attempt to prevent climbing gyms from being categorized as amusement rides. The DCA had previously implemented rules to regulate the New Jersey Rock Gym under its “Carnival-Amusement Ride Safety Act.”

The case was decided on December 7th, 2006 in favor of the NJRG, with the Judge stating in the decision that there is “real doubt” as to whether or not the DCA has authority to regulate climbing even if regulations are drafted to do so. Rather, the DCA would need to push legislation through the proper channels.