Although many industries were hit hard in 2020, no industry suffered as much as the hospitality industry. In one bit of good news however, federal courts have begun to push back on lawsuits brought by serial plaintiffs under Title III of the Americans with Disabilities Act (“ADA”) during the last several months based on those plaintiffs’ lack of standing. This is a much needed development for hotel owners and operators, who hope that this trend will continue into 2021 and beyond.
In order to assert a claim under Title III of the ADA, a plaintiff must establish that she has standing to assert a claim under Article III of the U.S. Constitution. To establish standing, a plaintiff must establish that she has sustained a direct injury as the result of an alleged wrongdoing, and that the injury is concrete and particularized, not hypothetical or speculative. Continue reading