On October 5th, 2022, Deborah Laufer, a prolific Americans With Disabilities Act (ADA) “tester,” filed a lawsuit against Acheson Hotels. This lawsuit found its way up the judicial chain until it was argued in front of the United States Supreme Court on October 4th, 2023. At stake was whether so-called ADA “testers” like Laufer had the right to sue businesses for ADA violations when they had no intention of utilizing a business’s services.
Disability advocates and legal experts were watching for this decision because of its far-reaching impacts on the accessibility sphere. Some advocates worried that a judgment against Laufer could harm the ADA, while others claimed a decision against Acheson was bad for business. Let’s examine the decision and its impact on accessibility in the United States going forward.
Background
This case centers on the rights of so-called ADA “testers.” But what is a tester? Simply put, a tester is someone who tests websites for accessibility. In Laufer’s case, she routinely tests businesses for accessibility and files lawsuits over accessibility issues. Laufer has filed several hundred digital accessibility lawsuits and is considered a top litigant. This case would determine her right to continue doing this.
In this case, Laufer, who uses mobility aids and has a visual disability, noticed that accessibility information was not listed for a hotel in Maine owned by Acheson. This information included information like accessible parking, bathrooms, and rooms. This information was also unavailable through third-party sites like Expedia.
She then filed a lawsuit despite having no intention of booking a room at this hotel. She did so on behalf of a person with a disability who might want to stay there. Initially, her case was dismissed, but she appealed, and the First Circuit Court of Appeals overturned the decision. Acheson Hotels then appealed that decision and kept repeating that pattern until it ended up in front of the United States Supreme Court.
Once in front of the Supreme Court, Laufer filed for a dismissal. She claimed the case was moot or irrelevant. The Supreme Court denied this motion, and the case proceeded to arguments on October 4th and a decision on December 5th, 2023.
Supreme Court decision
In a 9-0 decision, the Supreme Court dismissed Laufer’s suit. In their decision, Justice Amy Coney Barret said: “Laufer’s case against Acheson is moot, and we dismiss it on that ground.” The justices acknowledged Laufer’s request to dismiss this case and her other pending ADA lawsuits and felt she would not try to sue again.
Though Laufer's case was dismissed, there was no easy answer to the question of ADA testers' rights. The court was split. Justices Clarence Thomas and Ketanji Brown Jackson wrote separate opinions on the issue, with Thomas stating: “Without a violation of her rights, Laufer lacks standing to sue hotels under the ADA.” This implies that Thomas and Jackson feel that ADA testers do not have the right to sue businesses they do not intend to patronize.
Impact
Without a decision on what this case means for the rights of ADA testers, it’s unclear how it will affect digital accessibility lawsuits going forward. There is a possibility for business as usual — 178 lawsuits were filed in October 2023, and there is a possibility that this case won’t disrupt that upward climb. Since the Supreme Court declined to rule on ADA testers' rights, other ADA testers may not worry about changing their litigation goals.
However, Laufer has dropped this suit and her others after a lower court sanctioned her lawyer. Some ADA testers may look at that and feel it is too risky to continue as they were, and lawsuits could decline. If filing a lawsuit is more complicated, that could tremendously impact how digital accessibility lawsuits unfold going forward.
Businesses should take one thing away from this case: keep your site accessible. Though this case was dismissed, it wasn’t necessarily a victory for Acheson Hotels. They were trapped in litigation for years, all over their inaccessibility. To prevent this from happening to your place of business, test your site and ensure you follow Web Content Accessibility Guidelines (WCAG) standards to help prevent lawsuits against your business.
Conclusion
In a 9-0 decision, the Supreme Court dismissed Deborah Laufer’s case against Acheson Hotels but declined to rule on the rights of ADA testers. However, despite a lack of ruling, this case could still impact future digital accessibility lawsuits. Other testers may limit their lawsuits going forward, or they may feel that it’s okay to continue as they were. One thing is for sure — keep your business safe from prolonged litigation by ensuring you are as accessible as possible.
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