Small Businesses Ask Supreme Court to Resolve ADA Compliance Circuit Split in Petition

December 12, 2022

Small Businesses Ask Supreme Court to Resolve ADA Compliance Circuit Split in Petition

WASHINGTON, D.C. (Dec. 12, 2022) – NFIB filed a petition for a Writ of Certiorari in the case Acheson Hotels, LLC v. Laufer at the United States Supreme Court. The case concerns the Americans with Disabilities Act (ADA) and whether a self-appointed “tester” has the legal standing under Article III to challenge a business’s accessibility information on its website, even if the tester lacks any intention of visiting that business. “Across the nation, small businesses work hard to comply with various regulations and compliance requirements, including complying with the Americans with Disabilities Act,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Unfortunately, small businesses are now at risk of costly litigation due to ‘tester’ lawsuits challenging accessibility issues by those who have no intention to patronize their businesses. We urge the Supreme Court to grant the petition and finally curtail the practice of distant parties weaponizing the ADA to destroy small businesses.” NFIB has long advocated for clarity and small business protection when it comes to the ADA’s applicability to business websites. In 2020, we released a tip sheet on how best for businesses to navigate the uncertainty over ADA application to business websites. Last year, the NFIB Small Business Legal Center published the white paper “The ADA and Small Business: Website Compliance Amid a Plethora of Uncertainty,” and NFIB testified on Capitol Hill to the challenges and compliance costs imposed on small businesses by the ADA’s lack of certainty regarding business websites. NFIB filed the petition with the Restaurant Law Center, American Hotel and Lodging Association, Rhode Island Hospitality Association, Puerto Rico Restaurant Association, New Hampshire Lodging and Restaurant Association, Massachusetts Restaurant Association, and HospitalityMaine. The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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