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ADA lawsuit against Florida motel filed by “tester” reintroduced



A federal appeals court on Friday reinstated a lawsuit filed against a motel in Tallahassee, Florida, against a motel in Tallahassee, Florida, by a self-appointed “tester” who did not intend to visit the facility.

That is what the court said in its judgment in Deborah Laufer vs. Arpan LLC, dba America’s Best Value Innthat it must determine “whether an ADA plaintiff suffered a” concrete “injury when she looked at a hotel’s website that omitted the accessibility-related information required by federal regulations and as a result, she says, experienced” frustration and humiliation “- even even though she admits that she did not (and does not) intend to visit the hotel in person. “

The decision in the case, which set aside a judgment dismissing the dispute by the U.S. District Court in Tallahassee, consisted of a unanimous panel statement and two unanimous opinions, totaling 68 pages.

Laufer has problems walking without aids, cannot use his hands normally and is visually impaired, the verdict states.

She is a self-described “tester”

; who oversees public housing and their websites are ADA compliant, and has filed more than 50 ADA lawsuits against hotel owners, according to the ruling.

By dismissing the case, the district court ruled that Laufer had not suffered any “concrete and special” damage and that she therefore had no right to bring an action.

“Our precedents force us to leave and detain,” the Court of Appeal ruled. “The main question before us is whether Laufer has been hit by a concrete intangible damage of the kind that is sufficient “to stand in the case, it is stated in the judgment.

“We conclude that according to existing precedents – both our own and the Supreme Court’s – that Laufer has alleged a concrete intellectual property damage.”

“Since she claims not only that she was subjected to unlawful discrimination but also that the discrimination resulted in ‘frustration and humiliation’ and a ‘feeling of isolation and segregation’, she has adequately invoked a concrete stigma.

“And because her emotional damage is her emotional damage it affects her “in a personal and individual way” and is therefore sufficiently specified “, it says in the decision.

“It remains for the district court to determine (or, if it has already done so, to clarify) whether Laufer as a matter of fact has shown that she has suffered the necessary frustration and humiliation as a result of looking at Value Inn’s websites.” said the verdict, by referring the case back for further processing.

Lawyers in the case did not respond to requests for comment.

Last month, a federal appellate court overturned a lower court ruling and reinstated an ADA lawsuit against a Twin Cities transit agency filed by a deaf and blind man who complained that bus drivers often failed to stop at designated stops.


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