On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility lawsuits. The courts based their decisions on the same U.S. Supreme Court case law and nearly identical facts.
After the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330, 340 (2016), courts have decided a number of cases on the issue of standing vis à vis “concrete harm,” which is harm that is “real, and not abstract.”
