The U.S. Supreme Court has agreed to decide whether a woman who tests hotel websites for compliance with the Americans With Disabilities Act has the right to sue even if she has no plans to stay at a targeted hotel. The case involves Deborah Laufer of Florida, who has filed over 600 lawsuits against hotel owners and operators. Laufer’s suit claims that the Coast Village Inn and Cottages, owned by Acheson Hotels, did not have sufficient information on its website about disability accessibility.
Acheson Hotels filed a cert petition that asserted that “Laufer’s abstract desire to ensure compliance with federal law does not give her Article III standing.” A Supreme Court decision on this case is crucial as it will have “immense practical importance” due to the “cottage industry” in which uninjured plaintiffs “lob ADA lawsuits of questionable merit.”
Laufer’s brief in opposition responded that a ruling against standing would nullify “an important aspect of civil rights law spanning several decades.” The brief also highlighted that Acheson Hotels had portrayed Laufer as “a nuisance” while invoking “a general tone of animosity.” The nuisance argument “is advanced in almost every ADA case by indignant defendants seeking to avoid the consequences of their continued discriminatory practices,” Laufer’s brief stated.
The case has led to a circuit split, and the Supreme Court’s decision will be crucial in determining the future of such lawsuits. If the court rules in favor of Laufer, it could provide a strong precedent for ADA lawsuits and strengthen the rights of individuals with disabilities.
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On the other hand, if the court rules against Laufer, it could make it more difficult for individuals with disabilities to bring up ADA lawsuits. It could also limit the ability of individuals to bring lawsuits against businesses that discriminate against them.
However, some argue that the act has been abused by opportunistic plaintiffs who file lawsuits against businesses for minor law violations. In recent years, there has been a rise in the number of ADA lawsuits filed, leading to concerns about frivolous lawsuits and the burden they place on businesses.
Opponents of ADA lawsuits argue that they often do not lead to meaningful improvements in accessibility and are primarily driven by a desire for financial gain. However, advocates for individuals with disabilities argue that these lawsuits must hold businesses accountable and ensure they comply with the law.
The case involving Laufer will likely have significant implications for the future of ADA lawsuits. It will be interesting to see how the Supreme Court decides on this matter and whether it strengthens or weakens the rights of individuals with disabilities.
