JCNF Files Amicus Brief Highlighting the Danger of Activist Plaintiffs Taking Advantage of the Americans with Disabilities Act

Washington, D.C. (June 12, 2023)—Today, the Job Creators Network Foundation Legal Action Fund filed an amicus brief with the Supreme Court in the case of Acheson Hotels v. Laufer. JCNF argues frequent frivolous lawsuits brought by “testers” weaponizes the Americans with Disabilities Act (ADA) against small businesses.

This case specifically involves self-described ADA “tester” Deborah Laufer—who regularly visits hotels, motels and bed-and-breakfast websites with the goal of finding noncompliant online platforms. Laufer “has filed hundreds of other ADA-related suits in federal courts from coast to coast” and in this instance never alleged she intended to stay at the hotel. The JCNF Legal Action Fund contends the plaintiff was never threatened with “actual or imminent” injury.

Read the amicus brief here.

Elaine Parker, President of Job Creators Network Foundation, released the following statement:

“Although the Americans with Disabilities Act (ADA) may have been drafted and passed with good intentions, the law has become a tool for activist plaintiffs and their lawyers to enrich themselves at the expense of often unknowing small businesses. We are optimistic the high court will recognize the threat posed to main street businesses that are targeted by this cottage industry of so called ‘testers’ who are taking advantage of the ADA. The law is in dire need of guardrails.”