Petitioner’s Brief Urges SCOTUS to Dismiss Case of ADA “Tester”

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.

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© 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.

Petitioner’s Brief Urges SCOTUS to Dismiss Case of ADA “Tester”

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 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.

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