https://www.cnn.com/2023/03/27/politics/supreme-court-americans-with-disabilities-act-tester-case-maine/index.htmlThe US Supreme Court on Monday agreed to hear a case concerning whether a self-appointed “tester” of the Americans with Disabilities Act has the right to sue hotels over alleged violations of the civil rights law.
The court was asked to take the case by Acheson Hotels, which owns and operates a hotel in coastal Maine. The company was sued by Deborah Laufer, who they say has filed hundreds of lawsuits against hotels across the country, claiming their websites are not in compliance with ADA rules that require hotels to disclosure information about how accessible they are to individuals with disabilities.
Though Laufer doesn’t intend to visit the hotels she’s suing, the lawsuits are brought in an effort to force the hotels to update their websites to be in compliance with the law.
A district court dismissed Laufer’s suit against Acheson Hotels, ruling she lacked the procedural threshold – known as standing – needed to bring the suit. But an appeals court later ruled in her favor.
Now, the justices will decide next term whether she has the right to act as a “tester” toward hotels she doesn’t intend to visit.
I'm thinking this will either be 8-1 (with either Sotomayor or Brown Jackson writing a solo dissent) or unanimous in favor of Acheson Hotels. I assume the ADA would require you to visit or at least intend to visit the place you are accusing of a violation.
