WASHINGTON (Dec. 5, 2023) – After the U.S. Supreme Court vacated and remanded the case of Acheson Hotels, LLC v. Laufer to the First Circuit Court of Appeals, American Hotel & Lodging Association President & CEO Chip Rogers released the following statement:
“Tester lawsuits, in which plaintiffs file hundreds of legal complaints against hotels seeking quick settlements, have become a cottage industry in the United States. In this case, a hotel decided to fight this scheme and in doing so shed light on the extortive practice. The Americans with Disabilities Act is a critical civil rights law, but this case was never about legal compliance. It was about whether serial litigants with no intention of becoming hotel guests have standing to sue hotels. While we would have welcomed a broader ruling, the Supreme Court today sent a message to other serial litigants against ‘manipulating the jurisdiction of the [Supreme Court],’ and revealed how the court ‘might exercise its discretion differently in a future case.’ Because Acheson and the hotel industry fought back, the plaintiff dismissed hundreds of suits against hotels and vowed to the court she would never again bring these types of claims. This will bring some solace to small business hoteliers who for years have been victimized by drive-by and click-by tester lawsuits.” – AHLA President & CEO Chip Rogers
Background
The issue before the Court was whether the plaintiff had standing to sue the hotel under the Americans with Disabilities Act (ADA) without any intention of visiting the property. The Court dispensed with the case on procedural grounds because, shortly after the Court agreed to hear the case, Laufer dismissed this case and hundreds of similar lawsuits she had filed. She further asserted to the Supreme Court she would not bring other similar lawsuits in the future.
The American Hotel & Lodging Association (AHLA) supported the litigation effort over the past year and filed an amicus brief in support of Acheson Hotels along with the Restaurant Law Center, the National Federation of Independent Business Small Business Legal Center, and five AHLA partner state associations.