Could This Supreme Court Case Gut the Americans With Disabilities Act?

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Could This Supreme Court Case Gut the Americans With Disabilities Act?
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Civil rights advocates fear the court’s decision could have a far-reaching impact on other civil rights law as well.

Attendees gather at a reception to celebrate the 32nd anniversary of the passing of the Americans With Disabilities Act on July 26, 2022, in Washington, D.C.. The court will examine whether Deborah Laufer, a disabled advocate, can sue hotels for violating the Americans with Disabilities Act , despite having no intention to visit them.

“I think the big question is going to be how the court interprets harm here, how it slices and dices this,” said Jasmine Harris, a professor at University of Pennsylvania’s Harris School of Law.Laufer is a disabled advocate living in Florida. She has multiple sclerosis, uses a wheelchair and has a vision impairment and limited use of her hands.

“The Supreme Court in that case said very clearly that testers have standing and are part of the civil rights framework necessary to enforce the civil rights statutes. The harm they experienced, even though they took it upon themselves and put themselves in harm’s way on purpose — that didn’t matter. They experienced discrimination when regardless of whether they wanted the apartments,” Harris said.the Supreme Court to dismiss the case as moot — no longer an active controversy.

“It really started out as a personal quest to allow myself to get access. It came from not being able to get into buildings, not being able to access common areas,” Pegues said. Eventually, she got tired of having to say “no” to events, gatherings with friends or outings with her children. But it wasn’t easy for her to make the change.

Because Laufer’s team declined to comment, it is not possible to know if she has received any money on cases she brought. In Florida, where Laufer lives, plaintiffs are not generally able to collect damages.

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