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According to the article, the U.S. Supreme Court recently 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 disclose information about how accessible they are to individuals with disabilities.

Though Laufer does not intend to visit the hotels she is suing, the lawsuits are brought to force the hotels to update their websites to comply with the law.

A district court dismissed Laufers 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 does not intend to visit.

Laufer is one of numerous testers who have collectively brought thousands of lawsuits under the ADA. A cottage industry has arisen in which uninjured plaintiffs lob ADA lawsuits of questionable merit, while using the threat of attorneys fees to extract settlement payments, the hotel told the justices in court papers. These lawsuits have burdened small businesses, clogged the judicial system, and undermined the Executive Branchs exclusive authority to enforce federal law.

The hotel run by Acheson Hotels has a notice posted to its website that says, Please Note: Unfortunately, we do not have the capabilities to provide pet-friendly or ADA compliant lodging. We apologize for the inconvenience!

Laufer had urged the justices to take the case, with her attorneys arguing in court papers that they should affirm the appeals court ruling.

Without civil rights advocates such as this plaintiff, there would be no enforcement of the ADA, they wrote in part.

Possible Discussion Questions

1. Explain the Americans with Disabilities Act in this context..
2. What is the nature of Deborah Laufers complaint against Acheson Hotels, and what is Acheson Hotels essential defense regarding the complaint?
3. What is legal "standing" to bring a case?
4. Any other thoughts feel free to share at Business Law Chats