A federal appeals court overturned a lower court on Tuesday, holding a plaintiff who sued a Connecticut motel for violating the Americans with Disability Act could not continue her lawsuit because she had no definite plans to visit the facility.
In April, another federal appellate court had ruled in favor of the same plaintiff in a similar case.
Deborah Laufer sued Woodstock, Virginia-based Ganesha Hospitality LLC in July 2020, claiming that it violated the ADA, according to the judgment of the Second U.S. Court of Appeals in New York in Deborah Laufer v. Ganesha Hospitality LLC.
Laufer said Ganesha’s Quality Inn Cromwell in Cromwell, Connecticut, failed to comply with the ADA by not changing its practice to ensure that people with disabilities could make reservations for available rooms at the same times and in the same way as those who did. do not need custom rooms.
The U.S. District Court in New Haven, Connecticut, denied Ganesha̵7;s request to dismiss the case, which a panel of three judges rejected.
“Laufer has no position in this case,” the verdict said, referring to an earlier decision by the Court of Appeal. “Laufer did not state any concrete plans to visit Connecticut, let alone the Quality Inn Cromwell” when she said she intended to travel throughout the state when the covid-19 crisis ends, the verdict said, by lifting the court and dismissing the case. .
Lawyers in the case did not respond to a request for comment.
In its opposite decision, the 11th U.S. Circuit Court of Appeals in Atlanta reinstated Laufer’s ADA lawsuit against a motel in Tallahassee, Florida, in DLaufer vs. Eborah Arpan LLC, dba America’s Best Value Inn.
The decision said: “We conclude that according to existing precedents – both our own and the Supreme Court’s – that Laufer has alleged a concrete intellectual property damage.”