ADA Litigation Mill Case Heard at the U.S. Supreme Court
The U.S. Supreme Court on Oct. 3 heard oral arguments in Acheson Hotels LLC v. Laufer, a case centering on whether “testers” have Article III standing to leverage the Americans with Disabilities Act (ADA) and sue hotels for failing to provide disability accessibility information on their website.
Deborah Laufer, a self-described “tester,” is responsible for filing upwards of 600 boilerplate lawsuits targeting small hotels that fail to detail the accessibility features offered at their place of lodging through their websites. Laufer, who lives in Florida, never physically visits the hotels she sues. Acheson’s Coast Village Inn & Cottages, her latest target, is located in Wells, Maine. Despite never having visited the Coast Village Inn & Cottages, Laufer claims she suffered an injury of “frustration” and “humiliation” when she encountered Acheson’s website and its lack of accessibility information.
Laufer’s well-oiled litigation machine hit a bump soon after the Supreme Court agreed to hear the case. First, the U.S. Solicitor’s Office filed an amicus brief arguing the ADA and its implementing regulations do not create a free-standing informational right to accessibility information and that Laufer lacks standing. (NAHB also filed an amicus brief against Laufer, arguing her complaint should be dismissed for lack of standing.) After one of Laufer’s attorneys had his legal license suspended due to ethics violations, Laufer voluntarily dismissed her case against Acheson and filed a “suggestion of mootness.” The Supreme Court denied her request for dismissal on mootness.
It was not clear following the oral arguments whether the Supreme Court will actually rule on the standing of ADA testers. Several justices noted that the case has been dismissed by Laufer, the website at issue is now compliant with the ADA, and the original defendant has sold the hotel.
Justice Elena Kagan remarked that the case is “dead, dead, dead in all the ways that something can be dead” and using this case “as the vehicle for deciding an important issue … just doesn’t seem like something that a court should — should be anxious to do.”
Several other justices were not so keen to simply drop the case. Chief Justice John Roberts expressed concern over Laufer’s litigation tactic of mooting the case “to manipulate the jurisdiction of the court, after the Court’s granted cert” (cert means if four justices agree to hear a case, then the court will hear the case).
In a sentiment shared by Acheson and thousands of small businesses around the country targeted by extortionate ADA “testers,” mooting the case would be “blessing the legal strategy of filing large numbers of lawsuits … and abandoning them at the last minute” so that another lawsuit can be filed against the same small business the very next day.
Latest from NAHBNow
Jan 14, 2026
Applications for 2026 Leadership Grants and Scholarships Now OpenNAHB is invested in professional development opportunities for its members and providing exposure to NAHB leadership meetings to help foster future leaders for the home building industry. Applications are now open for select leadership grants and scholarships for qualified members to capitalize on these opportunities.
Jan 13, 2026
Podcast: Home Builders and Buyers Unsettled as 2026 BeginsOn the latest episode of NAHB’s podcast, Housing Developments, CEO Jim Tobin and COO Paul Lopez kick off the first podcast of 2026 looking at the state of housing, the political environment heading into a midterm year, and how builders and buyers are attempting to navigate the current market.
Latest Economic News
Jan 14, 2026
Building Material Price Growth Remains Elevated in NovemberResidential building material prices continued to experience elevated growth, according to the latest Producer Price Index release from the Bureau of Labor Statistics. Price growth has been above 3.0% since June this year, despite continued weakness in the new residential construction market.
Jan 13, 2026
New Home Sales Rise Year-Over-Year as Prices StabilizeThe new home sector has played an increasingly important role in meeting housing demand as resale inventory remains constrained in many regions. The latest data released today (and delayed because of the government shutdown in fall of 2025) indicate that new single-family home sales continue to reflect a stabilizing market after a period of heightened volatility.
Jan 13, 2026
Inflation Steady in DecemberInflation held steady in December, matching November’s reading, according to the Bureau of Labor Statistics (BLS) latest report. This December report was the first report to include a month-to-month figure since the government shutdown.