Job Creators Network Foundation Legal Action Fund Statement Following Oral Argument in Acheson Hotels LLC v. Laufer:
Washington, D.C. (October 4, 2023)— Following arguments in the United States Supreme Court today in the case of Acheson Hotels LLC v. Laufer, Job Creators Network Foundation Legal Action Fund Chief Legal Officer, Karen Harned 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 find that a plaintiff must suffer an actual injury in order to bring these lawsuits. Such a ruling would be a significant step forward in lowering 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 Job Creators Network Foundation Legal Action Fund filed an amicus brief in the case arguing frequent frivolous lawsuits brought by “testers” weaponizes the Americans with Disabilities Act (ADA) against small businesses.
Acheson concerns a 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 that because the plaintiff did not suffer “actual or imminent” injury, she could not bring a lawsuit against the hotel.