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- ilnd;;1:21-cv-00313_de7 RegisterActionDate "2021-02-03" @default.
- ilnd;;1:21-cv-00313_de7 RegisterActionDescriptionText "MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the complaint, which brings a claim under the Americans with Disabilities Act against the operator of a local hotel. Plaintiff lives in Florida, and she is bound to a wheelchair and can only walk a few steps. The complaint alleges that she is a self-proclaimed "tester" of ADA compliance. The complaint alleges that she visited the website for a hotel run by Defendant Vrindavian Corp. in the Chicagoland suburbs. And that website, according to Plaintiff, did not comply with applicable ADA regulations. The visit to the website was not, it appears, part of some hope of visiting West Chicago in the wintertime. Instead, Plaintiff alleges that she tests lots of websites for lots of businesses, and looks for non-compliance with the ADA. And she "maintains a system" for keeping track of "every hotel she sues." Id. at para. 11. She alleges that Defendant's non-complaint website makes her feel "frustration and humiliation" and limits her "right to travel." The Court has significant questions about whether Plaintiff has suffered an injury in fact and thus has standing to sue. In particular, it is not clear why Plaintiff suffered an actual or imminent injury. Plaintiff may view herself as an "ADA tester," but the requirements of Article III apply to all plaintiffs, even plaintiffs motivated by a desire to enforce the law. "[W]hile tester status does not defeat standing, it does not automatically confer it either. A tester must still satisfy the elements of standing, including the injury-in-fact requirement." See Carello v. Aurora Policemen Credit Union, 930 F.3d 830, 833 (7th Cir. 2019) (Barrett, J.). Plaintiff does not allege that she had any real-world plans to book a hotel room, but was inhibited from doing so. And she does not allege that she suffered a concrete injury in any other personal way. The Seventh Circuit offered important guidance about alleged dignity harms in Carello. By February 19, 2021, Plaintiff shall file a statement and show cause why the case should not be dismissed for lack of standing. Among other things, Plaintiff must attach to the filing a copy of the "list of all hotels she has sued," as alleged in the complaint. Mailed notice. (jjr, ) (Docket Text Modified on 2/4/2021) (jjr, ). (Entered: 02/03/2021)" @default.
- ilnd;;1:21-cv-00313_de7 AdministrativeID "6" @default.