Supreme Court debates 'tester' case over hotels omitting disability access information online

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Kaelan Deese is a Supreme Court reporter for the Washington Examiner covering the latest happenings at the nation's highest court and the legal issues surrounding Second Amendment rights, abortion, and religious liberties. He previously wrote breaking news as a fellow for the Hill during the 2020 election cycle. He graduated from the University of Oklahoma's Gaylord College of Journalism and Mass Communications program in 2019. Follow Kaelan on X at @KaelanDC.

The Supreme Court debated on Wednesday whether people with disabilities can sue hotels for failure to disclose accessibility information on commercial websites even if a litigant has no intention to make a reservation.

Justice Elena Kagan, an appointee of then-President Barack Obama, said this case is"dead, dead, dead in all the ways that something can be dead," a point of agreement by Justice Clarence Thomas, who asked whether it would be more convenient to moot the case or wait for another lawsuit. Laufer's attorney, Kelsi Corkran, took the broader position among civil and disability rights advocates who say it would be impossible to say that a disabled plaintiff should have to wait until they arrive at a hotel to file their suit.

 

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