The aim of website accessibility is to have a site that everyone can use. But what if the person suing you over your website had no intention of buying your services or goods? What if they’re just looking at websites to test them for accessibility – do they have the right to sue the company regardless?
The ADA case
This issue is at the heart of Acheson Hotels v. Laufer. Deborah Laufer, a self-described “tester” of websites for ADA (Americans with Disabilities Act) compliance, sued Acheson Hotels for not posting room accessibility information on their website. Laufer, who is disabled and from Florida, had no intention of visiting the Acheson Hotel property in Maine but sued them anyway. After the case was turned down by a lower court, Laufer asked the First Circuit Court of Appeals to review the lower court decision, creating a split.
The case ended up with the Supreme Court of the United States (SCOTUS). After her attorney was suspended for unethical behavior, Laufer asked the court to dismiss it with prejudice. SCOTUS denied the request and heard arguments. The case was ultimately vacated as moot in early December; however, SCOTUS clearly stated:
Laufer’s case against Acheson is moot, and we dismiss it on that ground. We emphasize, however, that we might exercise our discretion differently in a future case.
Justice Thomas clarified it in his opinion:
The Court decides not to decide that question because, after briefing began, Laufer voluntarily dismissed her claim in the District Court. I would answer this important and recurring question, which, as all agree, we have the authority to do. And, I conclude that Laufer lacks standing.
Takeaway for law firms
- Proactive accessibility remains crucial. While “tester” lawsuits might face hurdles, the possibility of litigation underscores the importance of website compliance. Regularly audit your website and address accessibility issues to ensure the best user experience for everyone – and to minimize legal risk.
- Develop clear accessibility policies and procedures. Demonstrating an ongoing commitment to accessibility through transparent policies can mitigate potential legal challenges.
- Stay informed about legal developments. The landscape of accessibility litigation continues to evolve. Monitor rulings, consult legal counsel and work with your website design team to ensure they can help you comply.
- Focus on genuine inclusivity. Beyond avoiding lawsuits, embrace accessibility as a moral imperative. Building a website accessible to all reflects your commitment to diversity and inclusion.