Supreme Court Considers Impact of Americans with Disabilities Act in Hotel Lawsuit
The Supreme Court heard oral arguments on Wednesday in a case that could determine the strength of the Americans with Disabilities Act (ADA). The case involves Deborah Laufer, a disability rights advocate who has sued hundreds of hotels over alleged violations of the ADA’s provisions.
At the heart of the dispute is whether Laufer, a self-appointed “tester” of the civil rights law, has the legal right to sue hotels for non-compliance with ADA rules. Laufer has filed complaints against hotels she has no intention of staying at, alleging that they fail to disclose information about their accessibility for individuals with disabilities.
One of Laufer’s lawsuits was filed against Acheson Hotels in 2020, alleging that the Coast Village Inn and Cottages in Wells, Maine, owned by Acheson at the time, were not ADA-compliant. Laufer dropped all pending lawsuits against hotels this summer, including the Acheson case, after one of her attorneys was professionally disciplined. However, the Supreme Court declined her request to drop the case and agreed to consider whether it was moot during oral arguments.
During the hearing, justices from both sides of the ideological spectrum questioned whether there was still a live controversy in the case, as the defendant had updated its website to be ADA-compliant. Some justices expressed reluctance to issue a significant ruling in the matter and questioned the need for an advisory opinion. However, Acheson’s attorney argued that a ruling would provide clarity to lower courts on the legal standing of “testers” in future cases.
Legal experts argue that the strategy of “testing” the ADA’s rules is necessary to ensure the enforcement of the landmark law. Laufer, who uses a wheelchair and has a visual impairment, files complaints against hotels to force them to update their websites and comply with the law. A district court dismissed Laufer’s complaint against Acheson, ruling that she did not suffer the type of injury needed to bring her case. However, an appeals court later ruled in her favor, stating that she experienced an “informational injury” due to the hotel’s lack of accessibility information.
If the Supreme Court decides to dispose of the case, it is possible they will direct the appeals court to wipe away its decision and dismiss the case. However, Chief Justice John Roberts expressed concerns about litigants “manipulating” the court’s jurisdiction by seeking to moot a case after it has been accepted.
The Supreme Court’s ruling on this case could have a significant impact on the practical effectiveness of the ADA, which aims to protect individuals with disabilities from discrimination in public accommodations and other settings.