Petitioner’s Brief Urges SCOTUS to Dismiss Case of ADA “Tester”
News
June 7, 2023
Following the US Supreme Court granting the petition for certiorari by our client Acheson Hotels LLC, the team representing Acheson recently filed its opening brief. 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 she does not intend to visit that place.
Deborah Laufer sued Acheson 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 our brief, we argue that, to establish standing, Laufer must establish a concrete, particularized, forward-looking injury. We argue that Laufer cannot do so because “she will not be injured by failing to receive accessibility information regarding a hotel she does not intend to visit.”
The team representing Acheson includes Partners Adam Unikowsky, Lindsay Harrison and Annie Kastanek and Associates Victoria Hall-Palerm and Nicole Allicock.
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
June 7, 2023
Following the US Supreme Court granting the petition for certiorari by our client Acheson Hotels LLC, the team representing Acheson recently filed its opening brief. 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 she does not intend to visit that place.
Deborah Laufer sued Acheson 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 our brief, we argue that, to establish standing, Laufer must establish a concrete, particularized, forward-looking injury. We argue that Laufer cannot do so because “she will not be injured by failing to receive accessibility information regarding a hotel she does not intend to visit.”
The team representing Acheson includes Partners Adam Unikowsky, Lindsay Harrison and Annie Kastanek and Associates Victoria Hall-Palerm and Nicole Allicock.
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News and Insights
Event
Associate Steven Arango to Speak at the Veterans' Legal Career Fair
On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.
September 18, 2026
Publications
In American Banker, Partner Laurel Loomis Rimon Weighs in on OCC's Handling of Fintech Bank Charter Applications
Partner Laurel Loomis Rimon spoke with American Banker about how the Office of the Comptroller of the Currency is approaching bank charter applications from fintechs, amid a growing wave of companies seeking charters from federal regulators.
August 18, 2026
Event
Partner David Greenwald to Speak at PLI Program on Privilege and AI
On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).
August 17, 2026
Publications
Special Counsel Kimberly Cook Featured in FCBA Member Spotlight
The Federal Communications Bar Association (FCBA) featured Kimberly Cook in its Member Spotlight series.
August 13, 2026
Recognition
Three Jenner & Block Partners Named to Crain's New York Business' 2026 Notable Leaders in Accounting, Consulting & Law List
Crain's New York Business recognized Jenner & Block Partners Anthony Barkow, Alison Stein, and Damian Williams among its 2026 Notable Leaders in Accounting, Consulting & Law.
August 10, 2026