The justices are being asked to limit the ability of so-called testers to file lawsuits against hotels that fail to disclose accessibility information on their websites and through other reservation services.
The information is required by a 2010 Justice Department rule. People who suffer discrimination can sue under the landmark Americans with Disabilities Act, signed into law in 1990.The issue in the Supreme Court case is whether Deborah Laufer, a woman with disabilities, has the right to sue a hotel in Maine that lacked the accessibility information on its website, despite having no plans to visit it. Laufer, who would not agree to an interview for this story, has filed some 600 similar lawsuits.
Acheson Hotels and the business interests supporting it argue that Laufer's admission that she wasn't planning to visit the hotel should end the case. Acheson owned the hotel, the Coast Village Inn and Cottages in Wells, Maine, when Laufer filed her lawsuit but has since sold it. On the other side of the case, civil rights groups fear a broad ruling for the hotel could limit the use of testers who have been crucial in identifying racial discrimination in housing and other areas.
In the context of disabilities, testers can't sue for money, just to get facilities to change their practices. That's a critical role, Stramondo and Smith said.
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