The U.S. Court of Appeals for the First Circuit recently weighed in on an Article III standing question that has divided circuit courts: Does a self-proclaimed “ADA tester” have standing to sue a hotel for its alleged failure to provide accessibility information on its website, even if the plaintiff had no plans to actually book a room?
Deborah Laufer, a disabled individual, visited a website for The Coast Village Inn and Cottages operated by Acheson Hotels and located in a small town on the coast of Maine, according to the opinion. The hotel accepts reservations through its own website and other travel websites. When Laufer visited the hotel’s website, it did not offer an option to book an accessible room.
