The United States Supreme Court recently began its fall term with several key cases set to be heard on the docket. One of the cases before the Court this term is Acheson Hotels LLC v. Laufer.
Deborah Laufer, a Florida resident with multiple sclerosis, has filed over 600 lawsuits challenging companies that may not be in full compliance with the Americans with Disabilities Act (“ADA”). This is one of those cases. Acheson Hotels owned the Cost Village Inn and Cottages in Maine, and Laufer’s lawsuit alleges that the Inn did not provide information online that identified accessible rooms. Additionally, Laufer alleges that there was not adequate information to ascertain whether the hotel was adequately accessible for her. Laufer has stated that her intention with cases such as Acheson is to force hotels and other businesses to be in compliance with the ADA.
At issue in this case is whether testers, such as Laufer, have standing to file lawsuits such as these to force businesses to comply with the ADA, even if they had no intention of ever visiting the business. Standing is the right of a party to challenge the conduct of another in court. The hotel has argued that because Laufer has not suffered an injury since she never intended to visit the hotel, she does not have standing to bring the case. Previously, the appeals court ruled that Laufer had suffered an “information injury” because of the hotel’s lack of ADA compliant information.
The Supreme Court heard oral arguments in the case on October 4, 2023. The Justices, and Laufer herself, expressed concerns about the validity of the case. Laufer had previously asked the court to dismiss her case in the months preceding oral arguments. Justice Kagan noted during the proceedings that the hotel’s website now stands in compliance with the ADA, noting the three years that have passed since the case began. She additionally described the case as, “dead, dead, dead in all the ways that something can be dead…” As a whole, the Justices expressed concern about the mootness of the case.
The Supreme Court’s ruling in this case may have broad implications for the ADA and the ability of individuals to bring tester cases. A ruling on this case will likely be issued in Spring 2024. Many Supreme Court decisions are issued near the end of its annual term.
