Cardozo Journal of Equal Rights & Social Justice
Abstract
This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and otherpublic accommodations in online spaces, this Article also proposes various solutions that address concerns over abusive accessibility litigation without eradicating tester standing entirely.
Disciplines
Civil Rights and Discrimination | Courts | Disability Law | Law | Science and Technology Law
Recommended Citation
Jennifer Tedisco,
Standing at the Crossroads: An Analysis of the Circuit Split Over ADA Tester Standing,
31
Cardozo J. Equal Rts. & Soc. Just.
99
(2024).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol31/iss1/4
Included in
Civil Rights and Discrimination Commons, Courts Commons, Disability Law Commons, Science and Technology Law Commons