terry's takes

April 12, 2023

Deborah Laufer v. Arpan LLC

The Eleventh Circuit declined to rehear en banc Laufer v. Looper, a case questioning whether ADA "tester" plaintiff Deborah Laufer had standing to sue a hotel for failing to display accessibility information online. Laufer claimed a "stigmatic injury" from frustration and humiliation upon discovering the hotel’s noncompliance, despite having no intent to visit. The Supreme Court is set to review whether ADA testers can claim standing without intent to visit a non-compliant location. In a separate concurrence, Chief Judge Pryor disagreed with the panel's standing grant but noted that en banc review was unnecessary with the Supreme Court hearing pending. Judge Newsom, expressing skepticism toward Laufer’s mass-filing approach, argued her “aggressive litigation tactics” stretch constitutional limitations, criticizing her use of "executive power" in exercising enforcement discretion. Judge Grant, joined by Judges Branch, Luck, and Lagoa, dissented, arguing the panel’s decision defies precedent against claims of "stigmatic injury" without direct experience of discrimination.