Some injury or harm is a requisite element of the constitutional requirement that a plaintiff have standing to pursue a claim, and although courts differ in the test that they apply to measure standing in such cases, most assess, in at least some fashion, whether the plaintiff has suffered an injury or harm from a defendant’s alleged failure to comply with Title III of the ADA.
Gilmore v. Lake Charles PC, LP, 2016 WL 3039813, at *4 (E.D. La. May 27, 2016). What the Court did based on this observation was, however, unusual in the ADA context. The Court agreed to allow the defendant in a Title III case to prove that the plaintiff had not really been denied access to the defendant’s shopping center because of minor or technical failures to meet the regulatory standards for accessibility. More