The US Supreme Court will not issue a judgment on a recent accessibility civil rights tester case, finding the case moot after the plaintiff, Deborah Laufer, dismissed her lower court case. With no active claim, the Court won’t be giving an opinion on whether civil rights testers, like Laufer, have standing to sue businesses.

Although this case is, as Justice Elena Kagan put it, “dead, dead, dead in all the ways that something can be dead,” the controversy over civil rights testers will continue, and can potentially impact any business. Here is what’s at the heart of the now dismissed case, why the defendants were pushing for the Court to hear the matter and what business leaders need to know about this type of accessibility litigation.

a laptop that has a hotel booking site on the screen

The Basis of Laufer’s Claim

The Americans with Disabilities Act (ADA) requires that hotels provide accessibility information on their websites to allow people with disabilities to determine whether they can comfortably use the facilities at an establishment. Laufer, who has multiple sclerosis and low vision, tested the website of Acheson Hotels, which then operated a small inn in Maine. The website lacked information about whether the inn would be accessible to someone with disabilities.

Laufer sued Acheson Hotels, in 2022 for violating the ADA by neglecting to provide that information.

Acheson Hotels, Inc.’s Defense

The hotel’s lawyers argued that Laufer lacked “standing” to file the claim. Standing is the legal ability of a party to sue because they are the one impacted by the defendant’s alleged wrongdoing. In this case, the defense argued that Laufer didn’t have standing because she had no intention to stay at the hotel in the first place.

Instead of searching for a place to stay on a holiday, Laufer is a civil rights tester who looks for websites that don’t adhere to accessibility laws.

Who’s Right?

Now that the Supreme Court dismissed the case as moot, we can’t say for sure which party is legally right. It’s possible, and according to some, likely, that a similar case will make its way to the Court. Civil rights testers file many of the accessibility lawsuits against businesses across the country causing frustration for many owners and others in the corporate space.

However, the key remedy in the ADA is to file a claim. As a result, many argue that civil rights testers are doing the work to hold businesses accountable for their accessibility violations – work government enforcers alone are not equipped to handle.

In the case of Laufer, she’s filed over 600 hundred lawsuits. The defendants thought that they had a chance to get the country’s top court to say these claims are improper, which would drastically reduce accessibility litigation.

Laufer, however, didn’t want to proceed with the litigation after one of her lawyers was suspended in Maryland for defrauding hotels in other cases. She, therefore, moved to dismiss and invalidate the lower court rulings and her other pending ADA claims.

What’s the Takeaway for Businesses?

Although it might sound odd to some that Laufer could file hundreds of cases against businesses that she didn’t plan to patronize, this practice has a long history and, in the past, courts upheld the right to file such claims. Since the ADA relies in part on citizens for enforcement, civil rights testers are in line with the legislation.

As a result, there is a much higher chance that someone will identify accessibility barriers at a place of business – whether a physical location or online. For business leaders, the best takeaway is to be proactive about adhering to accessibility laws like Title III of the ADA, and to remember to consider online accessibility. While the ADA predates the internet, courts have found that online spaces are “places of public accommodation” for the purposes of the law.

Businesses adapted over time to prioritize accessibility in physical spaces, which meant installing accessible parking, bathrooms, ramps and more. Online the requirements may seem less clear because they’re newer and technology is always changing.

Common accessibility considerations

Online accessibility is a complex subject. However, these are a few accessibility issues that commonly impact websites.

Make sure all video content on the site has captions
Add audio description to videos that have important visual information
Check that text is screen-reader friendly for people who use these devices
Use adequate color contrast to support people with color blindness
Use alt text on images that convey information
Write in simple, understandable language
Use headers instead of bold text for headings
Ensure keyboard navigation for people who can’t or don’t use a mouse
Have an accessibility statement that includes contact information

The Laufer case highlights the importance of an especially detailed accessibility statement for hotels. While the law doesn’t specify the exact information that must go on that site, there are some key features to include. For instance, it’s important to focus on the accessibility of the parking, entrance, bathrooms and any restaurants and to detail the features of any accessible rooms.

Checking for Accessibility on a Website

There is technology that can help to identify some accessibility barriers on a website. Using one of these tools is an excellent first step, but it’s not enough on its own. Accessibility checkers can’t find every issue that may prevent users from navigating a website.

Having people with disabilities test the website can help identify other problems that the tools alone may overlook. Additionally, it’s worth remembering that updates to a website can cause new problems and barriers. Testing for online accessibility is something that businesses should do regularly, both to avoid litigation and to better accommodate all potential users of a website. After all, barriers aren’t just a problem for people with disabilities, or a litigation risk. Barriers also turn away customers.

Finding Your Accessibility Partners

While there are some best practices that internal teams can incorporate to improve website accessibility, there are other tools and solutions that a business may need to outsource. Finding an experienced accessibility company that offers professional tools allows companies to provide better service and access for their customers.

Verbit offers captioning, transcription, audio description and other solutions that can make businesses and their content more inclusive. Reach out to Verbit today to learn how these tools can help your business.