Supreme Court to make a decision on non-compliant hotel websites and Americans with Disabilities Act lawsuits

Deborah Laufer, a person living with a disability, is a perpetual plaintiff of about 600 lawsuits against small businesses in Maryland.

As per an observance made by the Maryland Federal High Court, Deborah targets small hotels and accuses them of not providing adequate information about their accommodations online.

What information do you ask? Well, Deborah claims to be a ‘Reservation Rule ’tester' where she surfs hotels on the internet that do not mention the Reservation Rule- the rule mandates hotels to disclose whether people with disabilities can access their rooms mentioned on their websites.

She compares herself to testers in Havens Realty v. Coleman (1982). It was when two individuals, one black and one white, pretended to be customers to “test” a hotel's stand against racial discrimination.

While the white was given accommodation, the black was denied even with the availability of rooms. Therefore, the black had sued a discrimination action against the hotel, that the court had deemed to be having legal backing.

According to Deborah, she is no different than them.

Another loophole for her is her lawyers, most of whom are unethical. One of her lawyers, Tristan Gillespie, was suspended by the US States District Court for the District of Maryland for 6 months for filing hundreds of ADA lawsuits.

Another one, Thomas Bacon, is said to have masterminded a scheme that raised “serious ethical concerns.”

Those observing her can see a pattern forming for sure.

Consequently, out of her many lawsuits, one- Acheson Hotels v. Laufer, the hotel claimed that Deborah does not have a “standing” claim as she never intended to stay at the hotel.

Moreover, the Supreme Court has always held that federal litigants can not sue for “general grievances.” They have to be able to prove that the defendant's actions caused them an injury that is specific to them.

Legal experts are of belief that the apex court will most likely dismiss Laufer's case due to a lack of standing. This for them, is a step ahead in the fight against plaintiffs' attempts to push the boundaries of the jurisdiction of the Federal Courts.

Those awaiting the court's decision are hopeful that it will maintain a stance against indiscriminate lawsuits, however, also amend the ADA to cater to the real victims of non-compliant hotels.

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