The Supreme Court on Monday agreed to take up a case over a Maine-based hotel owner's attempt to limit disability claims lawsuits after a complaint alleged the lodging house failed to disclose accessibility information on its website.
The appeal was brought by Acheson Hotels, which oversees the Coast Village Inn and Cottages in Maine. The company argued disability rights campaigner Deborah Laufer did not have the legal standing to bring the lawsuit under the Americans with Disabilities Act because she did not have any intent of staying at the hotels.
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To bring a lawsuit, plaintiffs typically have to prove they have incurred some sort of damages, and the hotel company alleges Laufer has failed to prove injury properly.
Several business groups, including the U.S. Chamber of Commerce, allege so-called Americans with Disabilities Act "testers" have caused a rising trend in lawsuits against small businesses accused of discriminating against disabled people.
For example, the number of claims under the Americans with Disabilities Act climbed to 11,452 in 2021, marking a 320% increase from 2013, according to the Chamber.
However, Laufer's attorney, Thomas Bacon, argues testers such as his client are necessary or else fewer businesses would comply with the Americans with Disabilities Act, a law that doesn't offer any award of damages and is primarily enforced by advocates and litigants.
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Bacon said any opposition to Laufer's suit neglects to consider one "critical factor," arguing, "The only reason any place is in compliance with the law is because of these few plaintiffs. But for them, we would still be back in the 1970s."
The Supreme Court will weigh oral arguments on this matter next term, which begins in October and concludes in June 2024.
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