WASHINGTON (March 31, 2023) – After the U.S. Supreme Court announced that it would hear the case of Acheson Hotels, LLC v. Laufer, American Hotel & Lodging Association President & CEO Chip Rogers released the following statement.
“The Supreme Court’s decision to hear this case is welcome news for AHLA members,” said AHLA President & CEO Chip Rogers. “Acheson Hotels, LLC v. Laufer is all about frivolous lawsuits brought by litigants alleging harm by hotels they have no intention of ever visiting. The justices have a chance to put a stop to this abuse of our legal system, and we are hopeful they will make the right call. A favorable decision by the Supreme Court will limit litigation to only those cases with true merit and provide peace of mind to hoteliers, who now live in constant fear of drive-by and click-by lawsuits from serial ‘tester’ litigants seeking to make a quick buck off hardworking small business owners.”
The Supreme Court’s action comes after AHLA, the Restaurant Law Center, the National Federation of Independent Business Small Business Legal Center, and five AHLA partner state associations filed an amicus brief in support of Acheson Hotels. Circuit courts are squarely divided on whether tester litigants who have merely visited a hotel’s website have standing to sue under the Americans with Disabilities Act. Until the Supreme Court reviews the case, the hotel and lodging industry is negatively impacted by the lack of clarity presented by the circuit split.