[NFBF-L] FW: [blindLaw] ADA Case Set To Go Before Supreme Court - Disability Scoop - March 29, 2023

Tue Apr 4 14:22:24 UTC 2023

The problem with this case is that it perpetuates the "click by" lawsuits
that cause businesses and government to try to water down the ADA. When
groups of disabled people search the web and use programs like Google Earth
to find places that are not accessible, then file a lawsuit for
inaccessibility, they are not actually trying to make the place or website
accessible. Their goal is to receive a settlement. This is damaging to those
who are trying to make things accessible, because businesses are just paying
out money to make the lawsuit go away, instead of making their place
accessible. 

There have been several bills introduced into Congress over the years that
would take away compensatory damages to plaintiffs or remove the legal
incentives for businesses to make their business accessible because of
litigation from people who either have never visited the location or have no
intention of using a website that is not accessible. 

We must be cautious about such legal practices because in the long run, it
may have a detrimental effect on the ADA and disability rights. Of course
all businesses should be accessible, but we have to actually make them
accessible, not just try to get "nuisance money". This is food for thought! 

Sincerely, 

Camille Tate 

2nd Vice President, National Federation of the Blind of Florida 

President, Melbourne Space Coast Chapter, National Federation of the Blind
of Florida 

Phone: 321 372 4899 

From: Alicia Betancourt <licib85 at gmail.com> 
Sent: Monday, April 3, 2023 8:45 PM
To: NFB of Florida Internet Mailing List <nfbf-l at nfbnet.org>
Cc: Camille Tate <ctate2076 at att.net>
Subject: Re: [NFBF-L] FW: [blindLaw] ADA Case Set To Go Before Supreme Court
- Disability Scoop - March 29, 2023

I hope this passes because having a website that is inaccessible is
inexcusable, whether or not someone is planning to attend. The hotel is
unacceptable in this day and age! She could've been perusing for a place to
stay like mini sighted folks do when they're looking on the web. Thanks for
sharing.

Get Outlook for iOS <https://aka.ms/o0ukef> 

  _____  

From: NFBF-L <nfbf-l-bounces at nfbnet.org <mailto:nfbf-l-bounces at nfbnet.org> >
on behalf of Camille Tate via NFBF-L <nfbf-l at nfbnet.org
<mailto:nfbf-l at nfbnet.org> >
Sent: Monday, April 3, 2023 4:07 PM
To: 'NFB of Florida Internet Mailing List' <nfbf-l at nfbnet.org
<mailto:nfbf-l at nfbnet.org> >
Cc: Camille Tate <ctate2076 at att.net <mailto:ctate2076 at att.net> >
Subject: [NFBF-L] FW: [blindLaw] ADA Case Set To Go Before Supreme Court -
Disability Scoop - March 29, 2023 

Sharing for those members who may be interested. This decision could have
long-reaching effects on ADA litigation.
 Sincerely, 
Camille Tate 
2nd Vice President, National Federation of the Blind of Florida 
President, Melbourne Space Coast Chapter, National Federation of the Blind
of Florida 
Phone: 321 372 4899 

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org
<mailto:blindlaw-bounces at nfbnet.org> > On Behalf Of Nightingale, Noel
via BlindLaw
Sent: Monday, April 3, 2023 2:34 PM
To: blindlaw at nfbnet.org <mailto:blindlaw at nfbnet.org> 
Cc: Nightingale, Noel <Noel.Nightingale at ed.gov
<mailto:Noel.Nightingale at ed.gov> >
Subject: [blindLaw] ADA Case Set To Go Before Supreme Court - Disability
Scoop - March 29, 2023

https://www.disabilityscoop.com/2023/03/29/ada-case-set-to-go-before-supreme
-court/30312/
ADA Case Set To Go Before Supreme Court
By Shaun Heasley
Disability Scoop
March 29, 2023

The U.S. Supreme Court will weigh in on the rights of people with
disabilities to sue under the Americans with Disabilities Act.
The high court said this week that it would take up a case known as Acheson
Hotels, LLC v. Laufer. At issue is whether individuals with disabilities
have standing to sue a business under the ADA if they have no intention of
actually visiting the establishment.
The case originated when Deborah Laufer, a Florida resident who has a vision
impairment and uses a cane or wheelchair, sued Acheson Hotels alleging that
the website of the Coast Village Inn and Cottages in Wells, Maine did not
offer adequate information about accommodations for people with disabilities
as required under the ADA.
A district court dismissed Laufer's suit, finding that she was not injured
since she never planned to visit the hotel, but the decision was overturned
by the U.S. Court of Appeals for the First Circuit which found that
"Laufer's feelings of frustration, humiliation and second-class citizenry"
were "'downstream consequences' and 'adverse effects' of the informational
injury she experienced."
Acheson Hotels then appealed to the Supreme Court. In its petition to the
high court, the company noted that Laufer has filed over 600 federal
lawsuits since 2018 against hotel owners and operators making similar
allegations.
Lower courts have differed on whether self-appointed ADA "testers" like
Laufer have standing to sue, according to the petition. And, lawyers for
Acheson Hotels argued that the case "has immense practical importance" given
that Laufer is one of many such "testers" who have filed thousands of ADA
lawsuits.
"A cottage industry has arisen in which uninjured plaintiffs lob ADA
lawsuits of questionable merit, while using the threat of attorney's fees to
extract settlement payments. These lawsuits have burdened small businesses,
clogged the judicial system and undermined the executive branch's exclusive
authority to enforce federal law," the petition states.
In response, Laufer's attorney agreed in court papers that the Supreme Court
should review the matter given the differing opinions from lower courts.
But, Laufer argued that she and other "testers" serve an important public
good in the face of countless businesses who remain out of compliance with
the ADA more than 30 years after it took effect.
"Without civil rights advocates such as this plaintiff, there would be no
enforcement of the ADA," the brief said.

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