We previously published legal alerts on April 13, 2022, and October 20, 2022, about several serial “tester” plaintiffs targeting businesses in ADA website accessibility lawsuits filed in federal district courts in New York State.
Based on a recent decision issued by the United States Court of Appeals for the First Circuit in the case of Laufer v. Acheson Hotels, LLC, which we reported on here, we expect there will soon be yet another uptick in ADA website accessibility lawsuits filed in Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island.
In Massachusetts specifically, be on the lookout for a resurgence of lawsuits targeting the hospitality industry, particularly hotels, motels, and other places of lodging. Plaintiffs Deborah Laufer (15 lawsuits), Robert Petropoulos (more than 35 lawsuits), and Saim Sarwar (more than 25 lawsuits) are already on the scene in the United States District Court for the District of Massachusetts, and as a result of the First Circuit’s recent decision, we would not be surprised to see more lawsuits filed by these and other serial plaintiffs in the near future.
As we have reported on numerous prior occasions, both federal and state lawmakers have taken steps in recent years to curb website accessibility lawsuits; however, to date, no legislation has been passed—at least not on the federal level or in Connecticut, Massachusetts, or New York. We recommend that businesses operating a website or mobile application take steps to ensure that these online systems are accessible to visually impaired and hearing-impaired users and otherwise comply with federal, state, and local disability laws in accordance with DOJ guidance issued in March 2022.
In the unfortunate event that your business is served with one of these website accessibility lawsuits, please do not hesitate to contact the attorneys at Barclay Damon, who have represented many businesses in similar lawsuits and otherwise continue to monitor the development of these cases.
If you have any questions regarding the content of this alert, please contact Carolyn Marcotte Crowley, partner, at ccrowley@barclaydamon.com; Martine Wayne, law clerk, at mwayne@barclaydamon.com; or another member of the firm’s Labor & Employment Practice Area or Hotels, Hospitality & Food Service Team.
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