SCOTUS Dismisses Disability Tester Case as Moot

Special Needs Answers legal update.The Supreme Court has determined that Acheson Hotels, LLC v. Laufer is moot. (See SCOTUS Probes Disability Accessibility Tester’s Standing.) In Acheson Hotels, LLC v. Laufer (U.S. No. 22–429, December 5, 2023). The case concerned a civil rights tester, Deborah Laufer, who sued Acheson Hotels and more than 600 other hotels for disability discrimination.

Despite not intending to stay at the hotel, she visited its website to evaluate whether it complied with the Americans with Disabilities Act (ADA). She complained that the website lacked accessibility information in violation of the ADA’s reservation rule. This rule requires hotel websites to provide information about how accessible a hotel is so that people with disabilities can decide whether to stay there.

After one of Ms. Laufer’s attorneys faced sanctions for defrauding hotels in similar cases, she asked SCOTUS to dismiss the case.

During the oral argument, the justices inquired as to whether they should dismiss the case as moot or address whether a disability accommodations tester with no intention of staying at the hotel had standing to bring a lawsuit.

In the unanimous decision on December 5, 2023, the highest court dismissed the case as moot. Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh reasoned that the case was moot because the plaintiff voluntarily dismissed her case. Also significant was that she told the court she would not file any other similar cases against hotels.

Justice Thomas agreed that the case should be dismissed but would have dismissed it for lack of standing rather than mootness. He noted that the court had spent time and resources on the case, and he questioned whether Ms. Laufer’s motives for seeking to dismiss the case were strategic. By dismissing the case rather than addressing it, SCOTUS does not set a precedent against lawsuits brought by testers.

Although Justice Jackson agreed with the majority that the case was moot, she critiqued the practice of automatically vacating the lower court’s judgment. She asserted that the party seeking to vacate the decision should explain the harm caused by the inability to appeal.

Read the SCOTUS blog post and opinion.