The United States Supreme Court recently dismissed the appeal of a closely watched case about whether a ‘tester’ plaintiff has standing to bring a claim under the Americans with Disabilities Act (ADA) for a business website’s failure to comply with the ADA’s accessibility requirements. The dismissal came after the plaintiff withdrew her complaint. 

The Court of Appeals for the First Circuit, which includes Massachusetts, determined in 2022 that the plaintiff had standing to bring the claim.  The decision was at odds with some other circuit courts, leading to different results based on where a claim is brought.  The owner of the hotel named in the complaint then appealed the decision to the Supreme Court.  

The plaintiff’s withdrawal of the claim and its dismissal by the Supreme Court because the claim was moot, means that the inconsistency among the federal court circuits will remain.  

The claim of disability discrimination under the ADA was filed against a small hotel in Maine for not including on its website information about accessibility. The plaintiff, a Florida woman who has a disability, is a disability advocate who has brought hundreds of similar claims.  The ADA’s regulations include a “reservation rule,” requiring that places of lodging include information about accessible features of their hotels and guest rooms (28 C.F.R. § 36.302(e)(1)(ii)). The plaintiff claimed that the hotel’s website did not provide sufficient information about the property’s accessibility for her to determine whether she would be able to visit. 

The issue that the Supreme Court was to decide is whether a ‘tester,’ someone who has no intention of visiting the hotel, has standing to sue. The First Circuit ruled that the plaintiff does have standing because the failure to provide the information on the website as required by the law is a violation, i.e., the plaintiff suffered actual harm.  But courts in other circuits have dismissed similar tester cases on the basis that no “concrete injury” resulted. 

While this case specifically relates to the “reservation rule,” it has implications for all forms of web accessibility.  The ADA’s requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the internet.  So just as businesses must provide access to their physical locations, they must ensure that their websites do not contain barriers that make them difficult or impossible for people with disabilities to navigate.  The Department of Justice has published guidance on web accessibility. 

Claims by testers related to web accessibility have greatly increased, and they can be disruptive for a business that relies on its website for sales, hiring, reservations, inquiries, and any aspect of its operations.    

AIM with questions about the ADA, web accessibility, or any human resources matter may call the AIM HR Helpline at 800-470-6277.