No. 22-429

Acheson Hotels, LLC v. Deborah Laufer

Lower Court: First Circuit
Docketed: 2022-11-08
Status: Judgment Issued
Type: Paid
Amici (21)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: ada ada-tester article-iii-standing civil-rights disability-accessibility disability-rights legal-standing public-accommodation standing website website-accessibility
Key Terms:
SocialSecurity EmploymentDiscrimina Privacy JusticiabilityDoctri
Latest Conference: 2023-03-24 (distributed 3 times)
Question Presented (AI Summary)

Does a self-appointed Americans with Disabilities Act 'tester' have Article III standing to challenge a place of public accommodation's failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation?

Question Presented (OCR Extract)

QUESTION PRESENTED Does a self-appointed Americans with Disabilities Act “tester” have Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation?

Docket Entries

2024-01-08
Judgment issued.
2023-12-05
Judgment VACATED and case REMANDED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-429_h315.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., and Jackson, J., filed opinions concurring in the judgment.
2023-11-16
Letter and attached opinion of lower court in related litigation before CA4 filed by respondent. (Distributed)
2023-10-04
Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For United States, as amicus curiae: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Kelsi B. Corkran, Washington, D. C.
2023-09-08
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2023-09-01
2023-08-25
Letter of respondent Deborah Laufer updating the Clerk on status of her related lower court cases filed (Corrected letter received 9/25/23).
2023-08-25
Letter of respondent Deborah Laufer updating the Clerk on status of her related lower court cases filed (Corrected letter filed).
2023-08-10
The respondent’s request that the Court dismiss the case as moot at this time is denied. The question of mootness will be subject to further consideration at oral argument in addition to the question presented.
2023-08-09
2023-08-09
Brief amici curiae of NAACP Legal Defense and Educational Fund, et al. filed. (Distributed)
2023-08-09
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2023-08-09
Brief amici curiae of Fair Housing Organizations and Testers, et al. filed. (Distributed)
2023-08-09
Brief amici curiae of Disability Antidiscrimination Law Scholars filed. (Distributed)
2023-08-09
2023-08-09
Brief amici curiae of Disability Rights Education & Defense Fund, et al. filed. (Distributed)
2023-08-09
Brief amici curiae of Philip L. Schuler, et al. in association with the Amicus Project filed. (Distributed)
2023-08-07
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2023-08-02
2023-07-28
Petitioner’s Opposition to Suggestion of Mootness filed. (Distributed)
2023-07-27
CIRCULATED
2023-07-24
Suggestion of mootness filed by respondent Deborah Laufer.
2023-07-20
Complete record on appeal from the United States District Court for the District of Maine electronically received and available with the Clerk.
2023-07-20
Record received from the United States Court of Appeals for the First Circuit. The record is electronic and available on PACER.
2023-07-17
Record requested from the United States Court of Appeals for the First Circuit.
2023-07-14
SET FOR ARGUMENT on Wednesday, October 4, 2023.
2023-06-12
2023-06-12
2023-06-12
Brief amicus curiae of United States in support of neither party filed.
2023-06-12
Brief amicus curiae of Center for Constitutional Responsibility filed.
2023-06-12
2023-06-12
2023-06-12
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2023-06-12
Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
2023-06-05
Joint appendix filed. (Statement of costs filed)
2023-06-05
2023-05-01
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 5, 2023. The time to file respondent's brief on the merits is extended to and including August 2, 2023.
2023-04-14
Motion for an extension of time to file the briefs on the merits filed.
2023-03-27
Petition GRANTED.
2023-03-20
DISTRIBUTED for Conference of 3/24/2023.
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-28
2023-02-24
2023-02-24
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-02-06
Motion to extend the time to file a response is granted in part and the time is further extended to and including February 27, 2023.
2023-02-06
Motion to extend the time to file a response from February 17, 2023 to March 3, 2023, submitted to The Clerk.
2023-01-10
Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2023.
2023-01-03
Motion to extend the time to file a response from January 18, 2023 to February 17, 2023, submitted to The Clerk.
2022-12-19
Response Requested. (Due January 18, 2023)
2022-12-14
DISTRIBUTED for Conference of 1/6/2023.
2022-12-08
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2022-12-08
Brief amicus curiae of Center for Constitutional Responsibility filed.
2022-12-08
2022-12-08
2022-12-08
2022-12-07
Waiver of right of respondent Deborah Laufer to respond filed.
2022-11-04
Petition for a writ of certiorari filed. (Response due December 8, 2022)

Attorneys

Acheson Hotels, LLC
Adam G. UnikowskyJenner & Block LLP, Petitioner
Adam G. UnikowskyJenner & Block LLP, Petitioner
Atlantic Legal Foundation & DRI Center for Law and Public Policy
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Center for Constitutional Responsibility
Steven Paul LehotskyLehotsky Keller LLP, Amicus
Steven Paul LehotskyLehotsky Keller LLP, Amicus
Chamber of Commerce of the United States of America, American Resort Development Association, National Association of Home Builders of the United States, and International Council of Shopping Centers
Mark Andrew PerryWeil, Gotshal & Manges, LLP, Amicus
Mark Andrew PerryWeil, Gotshal & Manges, LLP, Amicus
Constitutional Accountability Center
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Deborah Laufer
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
Disability Antidiscrimination Law Scholars
Hyland HuntDeutsch Hunt, PLLC, Amicus
Hyland HuntDeutsch Hunt, PLLC, Amicus
Disability Rights Education & Defense Fund, et al.
Karla Ann Gilbride — Amicus
Karla Ann Gilbride — Amicus
DRI Center for Law and Public Policy
Sarah Elizabeth SpencerSpencer Willson PLLC, Amicus
Sarah Elizabeth SpencerChristensen & Jensen, Amicus
Fair Housing Organizations and Testers
Reed Neill ColfaxRelman Colfax PLLC, Amicus
Reed Neill ColfaxRelman Colfax PLLC, Amicus
Massachusetts, et al.
David Clark KravitzOffice of the Massachusetts Attorney General, Amicus
David Clark KravitzOffice of the Massachusetts Attorney General, Amicus
NAACP Legal Defense and Educational Fund, et al.
Michael SkocpolNAACP Legal Defense and Educational Fund, Inc., Amicus
Michael SkocpolNAACP Legal Defense and Educational Fund, Inc., Amicus
National Association of Homebuilders
Jeffrey Barret AugelloNational Association of Homebuilders, Amicus
Jeffrey Barret AugelloNational Association of Homebuilders, Amicus
Philip L. Schuler, Jenny Rodriguez-Fee and Michael M. Epstein, in association with the Amicus Project
Michael Meredith EpsteinSouthwestern Law School, Amicus
Michael Meredith EpsteinSouthwestern Law School, Amicus
Public Citizen
Scott Lawrence NelsonPublic Citizen Litigation Group, Amicus
Scott Lawrence NelsonPublic Citizen Litigation Group, Amicus
Restaurant Law Center
Dylan Bradley CarpJackson Lewis P.C., Amicus
Dylan Bradley CarpJackson Lewis P.C., Amicus
Retail Litigation Center, Inc., and National Retail Federation
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Amicus
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Amicus
The Buckeye Institute, Maine Policy Institute, Job Creators Network Foundation, National Real Estate Investors Association, and Ohio Hotel and Lodging Association
Larry James Obhof Jr.Shumaker, Loop and Kendrick LLP, Amicus
Larry James Obhof Jr.Shumaker, Loop and Kendrick LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus