Chapter 8 covers a special topic: the controversial role in ADA enforcement of “tester” lawsuits. Brought by private individuals, these lawsuits are designed to enforce Title III’s requirements but are brought by a plaintiff who does not necessarily plan to use the place or service in question. Due to the lack of intent to use the service, such lawsuits often face the defense of lack of standing: that the plaintiff does not meet the jurisdictional requirements, in particular, establishing an injury in fact (a concrete injury), as needed for a case to proceed in U.S. federal court. Throughout, the chapter provides numerous U.S. case law examples illustrating the concepts covered. A current split among the U.S. courts of appeal as to how injury in fact can be established in the tester lawsuit context has raised expectations that the issue will go before the Supreme Court.
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