In Civil Rights Education and Enforcement Center v. Hospitality Properties Trust, 867 F.3d 1093 (9th Cir. 2017) (No. 16-16269), plaintiffs sued defendant, a real estate investment trust (REIT), alleging defendant had failed to offer accessible transportation services at the hotels it operates, as required by the Americans with Disabilities Act (ADA). Plaintiffs moved to certify the class, which the district court denied because the practices of the 142 hotels managed by the REIT varied. The Ninth Circuit affirmed. It found the district court did not abuse its discretion in holding the class lacked commonality. There was no evidence defendant had discouraged hotel operators from complying with the ADA. In the absence of a policy or practice applicable to all hotels, the court found commonality lacking. One judge dissented, finding that the panel’s ruling permitted defendant to evade the requirements of the ADA.