On October 4, Partner Adam Unikowsky will represent Acheson Hotels in oral arguments before the US Supreme Court in Acheson Hotels, LLC v. Laufer. The question before the Court is whether a self-appointed Americans with Disabilities Act “tester” can challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if they do not intend to visit that place.
The plaintiff, Deborah Laufer, sued Acheson Hotels in 2020 after she allegedly visited the website of its hotel and found that the website did not provide sufficient information regarding whether the hotel was ADA accessible. A district court dismissed Laufer’s case due to her lack of injury.
On appeal, the First Circuit held that Laufer did have standing to sue, joining a circuit split over the issue.
In his brief to the Supreme Court, Adam argued: “A cottage industry has arisen in which uninjured plaintiffs lob ADA lawsuits of questionable merit, while using the threat of attorney’s fees to extract settlement payments. These lawsuits have burdened small businesses, clogged the judicial system, and undermined the Executive Branch’s exclusive authority to enforce federal law.”
The team representing Acheson includes Partners Adam Unikowsky, Lindsay Harrison and Annie Kastanek, Associate Victoria Hall-Palerm, and former Associate Nicole Allicock.
Listen to the oral arguments.
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