A disabled Florida woman who tests if public places are in compliance with the Americans with Disabilities Act (ADA) is suing a Montrose hotel after filing six similar suits against local hotels since June.
Attorney Kimberly Corkill filed a lawsuit on behalf of plaintiff Deborah Laufer on Sept. 1 in the U.S. District Court for the Southern District of Illinois against Hayosha Inc., doing business as Fairview Inn Montrose.
Laufer previously sued JP Hotels Inc., doing business as Quality Inn Cairo, Mansi and Sanket Inc., doing business as Budget Inn Motel Du Quoin, Rick Cripe, doing business as Holiday Inn Express & Suites Vandalia, and Hiway House Inc., doing business as Ruebel Hotel, on Aug. 5. She also sued Red Carpet Inn in Greenville and Rodeway Inn in Flora on June 16.
According to the complaint against Fairview Inn Montrose, Laufer advocates for the rights of “similarly situated disabled persons” and is a “tester” who determines if public places and their websites are in compliance with ADA guidelines. She allegedly visits hotels and websites to ensure they meet the requirements and then sues to enforce compliance.
Corkill wrote that Laufer intends to revisit the defendants’ online reservation system “in the near future” to retest the services.
“In this respect, plaintiff maintains a system to ensure that she revisits the online reservations system of every hotel she sues. By this system, plaintiff maintains a list of all hotels she has sued with several columns following each. She continually updates this list by, among other things, entering the dates she did visit and plans to again visit the hotel’s online reservations system.
“With respect to each hotel, she visits the online reservation system multiple times prior to the complaint being filed, then visits again shortly after the complaint is filed. Once a judgment is obtained or settlement agreement reached, she records the date by which the hotel’s online reservation system must be compliant and revisits when that date arrives,” Corkill wrote.
“Plaintiff is continuously aware that the subject websites remain non-compliant and that it would be a futile gesture to revisit the websites as long as those violations exist unless she is willing to suffer additional discrimination,” she added.
Before filing the lawsuit, Laufer claims she visited various booking websites for Fairview Inn Montrose, which is located at 115 W Mead Avenue in Montrose, Ill., to review and assess the accessible features at the hotel and ascertain whether they meet ADA requirements.
“However, Plaintiff was unable to do so because Defendant failed to comply with the requirements …” Corkill wrote.
“As a result, Plaintiff was deprived the same goods, services, features, facilities, benefits, advantages, and accommodations of the property available to the general public,” she continued.
Specifically, she claims websites did not identify accessible rooms, did not allow for booking of accessible rooms and did not provide sufficient information on accessibility, among other allegations.
“... Defendant is required to ensure that its place of lodging is in compliance with the standards applicable to places of public accommodation, as set forth in the regulations promulgated by the Department of Justice,” Corkill wrote.
“These regulations impose requirements pertaining to places of public accommodation, including places of lodging, to ensure that they are accessible to disabled individuals,” she continued.
Laufer, who allegedly suffers from several disabilities, claims the alleged ADA violations infringe on her ability to make “meaningful” travel choices and her right to travel free of discrimination. She claims she endured frustration and humiliation “as the result of the discriminatory conditions present at Defendant’s website.”
“By continuing to operate the websites with discriminatory conditions, Defendant contributes to Plaintiff’s sense of isolation and segregation and deprives Plaintiff the full and equal enjoyment of the goods, services, facilities, privileges and/or accommodations available to the general public,” Corkill wrote.
“Defendant’s online reservations system serves as a gateway to its hotel. Because this online reservations system discriminates against Plaintiff, it is thereby more difficult to book a room at the hotel or make an informed decision as to whether the facilities at the hotel are accessible,” she added.
The suit states Laufer is bound to a wheelchair in public and a cane or other support in her home. She claims she is vision impaired and unable to tightly grasp, pinch and twist her wrist.
“She is hesitant to use sinks that have unwrapped pipes, as such pose a danger of scraping or burning her legs. Sinks must be at the proper height so that she can put her legs underneath to wash her hands.
“She requires grab bars both behind and beside a commode so that she can safely transfer and she has difficulty reaching the flush control if it is on the wrong side. She has difficulty getting through doorways if they lack the proper clearance,” the suits state.
Laufer also allegedly requires handicap parking spaces located closest to the entrance of the facility with wide enough aisles to use a ramp. Routes connecting the handicap spaces must be level, properly sloped, sufficiently wide, and without hazards that could result in tipping or falling.
She seeks declaratory judgment determining that the defendants are in violation of the Americans with Disabilities Act, plus attorney’s fees, costs and all other relief the court deems just.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-885