https://www.supremecourt.gov/docket/docketfiles/html/public/22-429.html
Supreme Court docket for #22-429, Acheson Hotels, LLC v Laufer.
Issue: Whether a self-appointed Americans with Disabilities Act “tester” has Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation.
Laufer is basically a person who sits at her home and has literally nothing to do in life other than file ADA lawsuits against hotels. She has filed over 600 to the point.
Typically, many of the targets simply pay a “shakedown” to the law firm, who generally kicks some of that money back to the so called “client.”
Acheson Hotels fought back and it has made it to the Supreme Court.
After oral arguments today, it is 100% certain the Supreme Court will dismiss this case.
It is HOW they dismiss that could be important.
They could dismiss for mootness, which would leave the status quo as is.
However, they could choose to dismiss for lack of standing by Laufer. Laufer admitted she never had any intention of actually patronizing the hotels, rather just checking their sites for potential ADA violations.
Because she was never a “real” customer of the hotels, she never suffered an actual injury, required for Article III standing.
If the Supreme Court dismisses for lack of standing, this could potentially end the abusive practice of so called “testing” which is nothing but a lawsuit mill for the Civil Trial Plaintiffs Bar.
Note it would not effect REAL patrons of hotels who were harmed by ADA violations, such as promised accommodations not being present, thus not permitting the patron to use the facilities.
Civil Trial Plaintiffs Bar loses, actual injured ADA plaintiffs would still be able to seek redress.
The Supreme Court should dismiss for lack of standing.
