Page:Acheson Hotels, LLC v. Laufer.pdf/12

12 in Havens Realty Corp. v. Coleman, 455 U. S. 363. In contrast to the ADA, the Fair Housing Act explicitly prohibits “represent[ing] to any person because of race … that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.” § 3604(d). Accordingly, when Havens Realty told a black tester that no apartments were available but told a white tester that it had vacancies, the Court found that the black tester had standing to sue. The Court explained that the statute created “a legal right to truthful information about available housing.” Id., at 373. The black tester had been personally denied that truthful information, so she had standing to bring her claim. Havens Realty thus has no bearing on Laufer’s standing as a tester of compliance with the ADA, which provides no such statutory right to information.

Laufer points to the Reservation Rule, alleging that it creates an entitlement to accessibility information. But even assuming a regulation could—and did—create such a right, Laufer asserts no violation of her own rights with regard to that information. Laufer does not even harbor “ ‘some day’ intentions” of traveling to Maine to visit the Coast Village Inn. Lujan, 504 U. S., at 564. Her lack of intent to visit the hotel or even book a hotel room elsewhere in Maine eviscerates any connection to her purported legal interest in the accessibility information required by the Reservation Rule. To put it in the “more pedestrian terms” used by then-Judge Scalia, standing asks “ ‘What’s it to you?’ ” The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 Suffolk U. L. Rev. 881, 882 (1983). Acheson Hotels’ failure to provide accessibility information on its website is nothing to Laufer, because she disclaimed any intent to visit the hotel.

Rather than assert a violation of her own rights, Laufer casts herself in the role of a private attorney general, surfing the web to ensure hotels’ compliance with the Reservation Rule. Laufer has described herself as “an advocate on