Businesses who are Non-Compliant with Laws are at Risk of the Proverbial Set-Up

October 20, 2022

On October 5, 2022, the First Circuit of the United States Court of Appeals overturned a lower court’s decision, finding that a disabled wheelchair-bound Florida woman, Deborah Laufer, and self-proclaimed ADA “tester” who from her computer in Florida hunts websites searching for ADA compliance violators has standing, allowing her to bring suit against a hotel on the southern coast of Maine, Acheson Hotels, LLC because it failed to identify handicapped accessible rooms. Laufer has filed hundreds of other ADA-related suits in federal courts from coast to coast, and standing was held regardless of the fact that Laufer had no real intention of booking a room. 


Laufer leaned heavily on Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982) in which a Black plaintiff asked Havens Realty on multiple occasions whether it had any units for rent. She was told “no,” whereas when a White plaintiff asked the same question, they were told “yes.”  There the Court held there was an injury to the Black plaintiff.


Federal regulations clearly provide that hotel reservation portals must provide enough detail to allow individuals with disabilities to know what services they can enjoy, according to 28 C.F.R. § 36.302(e), which Laufer alleges Acheson’s portals did not do. When a public accommodation violates the ADA and discriminates against a disabled person, the ADA and the regulations promulgated under it permit private individuals to bring enforcement actions in federal court. 42 U.S.C. § 12188(a); 28 C.F.R. § 36.501.


When Laufer first visited Acheson’s website, she found that: it didn’t identify accessible rooms; didn’t provide an option for booking such an accessible room; and that it didn’t give her sufficient information to determine whether it was accessible to her. She also faced the same dearth of information when she visited the hotel’s reservation service using thirteen other third-party websites including: Expedia.com; Hotels.com; and Booking.com.


The moral of this story is to check whether your business, websites and all social media comply with the most up-to-date ADA regulations.


If you have questions about this topic, or any other general employment issues, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

July 25, 2025
On June 27, 2025, the U.S. Supreme Court ruled in Trump v. CASA that federal district courts cannot block executive orders for the entire country. The Court held that such broad injunctions exceed the authority Congress granted under the Judiciary Act of 1789. Courts may now only stop enforcement for the parties in the case—not for everyone else. What Happened in the Case President Trump issued Executive Order 14160 in early 2025. It denies birthright citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. Multiple lawsuits followed. Three federal courts blocked the order nationwide. The Supreme Court disagreed. It sent the case back and told the lower courts to revise the injunctions to cover only the named plaintiffs. The Court did not decide whether the order itself violates the Constitution. It ruled only on how far a court’s injunction can reach. Why It Matters to Employers The ruling affects how quickly and widely federal courts can stop controversial policies, especially during fast-changing political cycles. Employers have often relied on national injunctions to pause new mandates on wages, workplace safety, pay transparency, and non-compete agreements. This decision limits that option. The Court said nothing about injunctions under the Administrative Procedure Act, which governs agency rules. But the opinion raises doubts about whether even those can continue on a nationwide scale. Justice Kavanaugh suggested they might, but the Court left that question for another day. What This Means for You No nationwide protection unless you sue If your business is not part of the case, you likely cannot rely on someone else’s win. You must litigate directly to get relief. Rules may take effect in one state and not another A federal court in Texas may block a rule, while a court in New York upholds it. National companies may face conflicting rules and inconsistent enforcement. Trade groups cannot shield you Even if your industry association wins an injunction, it may apply only to their members or to the parties named in the lawsuit. Older rulings may now shrink Past national injunctions—on vaccine mandates, non-compete bans, overtime rules, or joint-employer standards—could be challenged or narrowed based on this ruling. More class actions are likely Some plaintiffs may now push for class certification to restore broader relief. Employers could face more complex litigation as a result. Next Steps for Employers Identify any current or past rules your business has relied on that are being blocked nationwide. Confirm whether you were covered by name or just assumed you were protected. Reassess your risk exposure for pending federal actions under OSHA, the EEOC, the DOL, or the NLRB. Monitor APA-based injunctions to see whether courts continue to grant broad relief under that statute. Consider joining strategic litigation early if new executive orders or agency rules would harm your operations. You cannot assume another company’s lawsuit will protect you. The Court narrowed that path. To block a federal mandate, you may now need to act alone—or join the fight directly. Michael P. Lewis is an attorney at The Royal Law Firm with experience advising clients through the litigation process. Michael helps employers resolve workplace challenges with focus, precision, and judgment. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.