FHA standing
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Laufer v Looper – the death of tester standing, and not just in ADA cases.
I’m the last of the ADA bloggers to discuss Laufer v Looper, 21-1031, 2022 WL 39072, at *6 (10th Cir. Jan. 5, 2022) but reading the analysis by Bill Goren (Is Tester Standing a Thing When it Comes to Title III of the ADA) and Seyfarth Shaw (A Status Update on Hotel Reservations Website Lawsuits) has given Continue reading
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Tester standing under the ADA – Getting it wrong, getting it right, and an interesting but irrelevant analysis.
Three cases in the last thirty days look at ADA standing and reach different conclusions about what the Constitution and the ADA require. For victims of serial litigation and for courts interested in the coherent application of the text of the ADA and similar statutes these are crucial cases.² Continue reading
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ADA Policies – You’ve got to walk the walk part II
On March 5, 2015 the Ninth Circuit issued an opinion in one of the longest running ADA lawsuits around. Chapman v. Pier 1 Imports (U.S.) Inc., 2015 WL 925586 (9th Cir. Mar. 5, 2015). Like the Home Depot case I wrote about a few weeks ago the issue in Chapman v. Pier 1 concerned obstructions that blocked access and Continue reading
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Standing for serial plaintiffs – it’s a legal issue, not a moral problem
Accessibility litigation under the ADA and FHA always seems to have a moral component. This is partly because plaintiffs almost always preface their complaints with a lengthy and unnecessary recitation of Congressional intent about the ADA and FHA, frequently accompanied by statistics about the number of disabled Americans and the discrimination they suffer. Defendants for Continue reading
