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Partner Edwin Cruz quoted in Legal Dive article “Supreme Court Looks at Expanding ADA Discrimination Standing,” 11-3-2023

Posted Nov 9, 2023

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People could sue a company even if they have no intention of doing business with it, critics fear as justices weigh a matter linking online information to places of public accommodation…

Companies face broadened exposure to discrimination claims under the Americans with Disabilities Act if the U.S. Supreme Court gives website users standing to sue even if they have no intention of patronizing companies’ brick-and-mortar businesses, Kaufman Dolowich Partner Edwin Cruz told Legal Dive.

“If you have no intention of visiting the hotel, then how are you in imminent danger of future harm by not learning online about the hotel’s lack of accessibility?” Cruz said. “You’re not.”  “If you’re in Fort Lauderdale and on a website for a business that only has stores in Pensacola, what’s the likelihood you’re going to go to Pensacola to visit that store?” Cruz said. “I’m having a hard time visualizing a scenario where the Supreme Court would rule that you don’t need to have that intent to visit, because otherwise there would be no actual controversy. You need actual controversy to file a lawsuit in federal court.”

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