On October 4, 2023, the U.S. Supreme Court entertained oral arguments in a noteworthy ADA (Americans with Disabilities Act) stakeholders’ case involving a self-described “tester” plaintiff challenging a hotel’s ADA adherence, despite having no intentions to patronize the establishment. Based on the Justices’ probings, the Court may sidestep the standing issue in favor of ruling the case as moot.
The case under scrutiny was pursued by a plaintiff declaring themselves to be a “tester”, a person who systematically checks facilities and services for ADA compliance with no intention of using them. This particular tester claimed ADA violations against a hotel they had no plan to stay at.
Legal circles have been keenly observing this dispute as it could have significant implications for the standing to bring similar ADA claims in the future. The fundamental question is whether a tester’s accessibility check’s legality, devoid of any genuine intent to utilize service, holds ground. If the Supreme Court rules that such cases are indeed moot, it could severely limit the scope for future “testers” and ADA violations.
Courtroom discussions on October 4 suggested that the Justices might avoid confronting the “tester” standing controversy directly, and may lean towards deeming the case moot. That’s primarily because the defendant remedied the alleged discriminatory conditions while the lawsuit was pending which, in essence, addressed the plaintiff’s concerns even before the appeal reached the highest court.
This unfolding event emphasizes the ongoing nature of ADA compliance. Constitutional interpretation and ADA litigation are closely entwined and can sometimes throw a wrench into ADA enforcement proceedings. Whether these tester lawsuits are a valid tool for reinforcing ADA compliance or a potential misuse of judicial resources is a debate that’s far from over.
For further detail on the current situation, the proceedings can be reviewed in the full briefing report provided by Ogletree, Deakins, Nash, Smoak & Stewart.