Whether “testers” have standing to sue under the ADA when they have suffered no injury of their own? Most federal courts of appeal that have looked as to whether testers have standing to sue under the “Reservation Rule,” which involves whether a hotel sufficiently identifies and describes accessible features of the hotel and guest rooms on its website, have answer in the negative. The U.S. Court of Appeals for the First Circuit answered in the affirmative.
December 8, 2022
The Restaurant Law Center and co-amici filed a brief urging the U.S. Supreme Court to review the Laufer v. Acheson Hotels decision by the U.S. First Circuit Court of Appeals because of the split between the courts as to whether “testers” have standing to sue under the ADA when they have suffered no injury of their own. We also argue that testers do not have standing under these circumstances. Unless the U.S. Supreme Court takes this appeal, the foodservice industry will remain vulnerable to “tester” lawsuits challenging website and other accessibility issues by those having no real plans to patronize their businesses.