NFIB Urges Supreme Court to Protect Small Businesses from ADA Lawsuit Abuse

NFIB joined a coalition of business groups in filing an amicus brief in the case Acheson Hotels, LLC v. Laufer at the U.S. Supreme Court, the organization announced.

The case will examine whether a self-appointed “tester” has the legal standing to challenge a business’s website accessibility under the Americans with Disabilities Act (ADA), even when the tester lacks any intention of physically visiting that business, NFIB officials said.

“This case highlights the uncertainty for small businesses when complying with the ADA and the applicability of websites,” said Beth Milito, executive director of NFIB’s Small Business Legal Center. “Unfortunately, small businesses who are doing their best to comply with numerous government regulations and compliance requirements, are at risk of costly and time-consuming litigation due to ‘tester’ lawsuits like the one in this case. Small businesses urge the Court to limit the practice of distant parties weaponizing the ADA to harm small businesses.”

Click here for more information on the brief, as well as resources for complying with ADA standards.

A.J. Hecht

A.J. Hecht is the managing editor of THE SHOP and host of the In Gear with THE SHOP podcast. Have an idea, a tip, or a question you’d like to see answered? Contact A.J. at

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