ADA Litigation Mill Case Heard at the U.S. Supreme Court

Legal
Published
Contact: Jeff Augello
[email protected]
AVP, Association Counsel
(202) 266-8490

The U.S. Supreme Court on Oct. 3 heard oral arguments in Acheson Hotels LLC v. Laufer, a case centering on whether “testers” have Article III standing to leverage the Americans with Disabilities Act (ADA) and sue hotels for failing to provide disability accessibility information on their website.

Deborah Laufer, a self-described “tester,” is responsible for filing upwards of 600 boilerplate lawsuits targeting small hotels that fail to detail the accessibility features offered at their place of lodging through their websites. Laufer, who lives in Florida, never physically visits the hotels she sues. Acheson’s Coast Village Inn & Cottages, her latest target, is located in Wells, Maine. Despite never having visited the Coast Village Inn & Cottages, Laufer claims she suffered an injury of “frustration” and “humiliation” when she encountered Acheson’s website and its lack of accessibility information.

Laufer’s well-oiled litigation machine hit a bump soon after the Supreme Court agreed to hear the case. First, the U.S. Solicitor’s Office filed an amicus brief arguing the ADA and its implementing regulations do not create a free-standing informational right to accessibility information and that Laufer lacks standing. (NAHB also filed an amicus brief against Laufer, arguing her complaint should be dismissed for lack of standing.) After one of Laufer’s attorneys had his legal license suspended due to ethics violations, Laufer voluntarily dismissed her case against Acheson and filed a “suggestion of mootness.” The Supreme Court denied her request for dismissal on mootness.

It was not clear following the oral arguments whether the Supreme Court will actually rule on the standing of ADA testers. Several justices noted that the case has been dismissed by Laufer, the website at issue is now compliant with the ADA, and the original defendant has sold the hotel.

Justice Elena Kagan remarked that the case is “dead, dead, dead in all the ways that something can be dead” and using this case “as the vehicle for deciding an important issue … just doesn’t seem like something that a court should — should be anxious to do.”

Several other justices were not so keen to simply drop the case. Chief Justice John Roberts expressed concern over Laufer’s litigation tactic of mooting the case “to manipulate the jurisdiction of the court, after the Court’s granted cert” (cert means if four justices agree to hear a case, then the court will hear the case).

In a sentiment shared by Acheson and thousands of small businesses around the country targeted by extortionate ADA “testers,” mooting the case would be “blessing the legal strategy of filing large numbers of lawsuits … and abandoning them at the last minute” so that another lawsuit can be filed against the same small business the very next day.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Safety

Jul 17, 2026

Keep Workers Safe from Wildfire Smoke on Jobsites

With wildfires raging across Ontario, Canada and smoke impacting huge areas of the Northeast and upper Midwest in the U.S., it is important to know the effects wildfire smoke can have across the country, even if you are not in an area that is at risk for wildfires.

Economics

Jul 17, 2026

Multifamily Gains Lift Overall Starts Despite Single-Family Decline

Overall housing starts increased 19% in June to a seasonally adjusted annual rate of 1.43 million units, according to a report from the U.S. Department of Housing and Urban Development and the U.S. Census Bureau.

View all

Latest Economic News

Economics

Jul 17, 2026

Multifamily Gains Lift Overall Starts Despite Single-Family Decline

Strong multifamily growth pushed overall housing starts higher in June, while single-family production remained sluggish as elevated mortgage rates, rising construction costs and persistent labor shortages continued to weigh on the market.

Economics

Jul 16, 2026

Builder Sentiment Stays Weak as Affordability Concerns Persist

Economic uncertainty and persistent affordability challenges driven by rising material prices, high land costs, and elevated mortgage rates continue to weigh on builder sentiment.

Economics

Jul 15, 2026

Building Material Prices Continue to Rise Despite Energy Price Declines

Residential building material prices, excluding energy, rose 0.5% in June and were up 4.6% from a year ago. Lower energy prices were apparent in June, as energy input prices fell 10.3% over the month. Meanwhile, prices for services rose 5.2% over the year, and were up 1.0% from the previous month.