Claudia Cornelison | Acheson Hotels, LLC v. Laufer

The Americans with Disabilities Act (“ADA”) requires places of public accommodation, like hotels, to make reasonable modifications to accommodate individuals with disabilities. In accordance with this law, the Attorney General requires hotel owners to identify accessibility features on their websites in sufficient detail to allow individuals with disabilities to assess whether the hotels can meet their needs.

The respondent, Deborah Laufer, a self-appointed ADA “tester” and an individual with a disability has filed over 600 lawsuits against hotel owners and managing companies alleging that their websites are not sufficiently clear about their accessibility features. In these lawsuits, Ms. Laufer seeks injunctive relief and attorney’s fees, forcing smaller businesses to settle to avoid the high cost of litigation.

The problem? Ms. Laufer does not intend to ever visit these hotels. Her lawsuits have forced circuits to address whether testers like herself have Article III standing.