The hotel argues that the activist, Deborah Laufer, was not entitled to sue it over inadequate disclosures because she did not intend to stay there.

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The hotel moved to dismiss the case, saying that Ms. Laufer had not suffered the sort of direct and concrete injury that gave her standing to sue because she had no intention of visiting. The trial judge agreed.

But the U.S. Court of Appeals for the First Circuit, in Boston, reversed, saying the situation was akin to one in a 1982 Supreme Court decision that allowed Black “testers” to sue for race discrimination over being denied access to housing despite not actually looking for a place to live.