ADA Applies to Foreign Cruise Ships

Tuesday, June 07, 2005
A sharply divided Supreme Court issued a lengthy and confusing ruling that holds that the Americans with Disabilities Act (ADA) applies to the public spaces on foreign cruise ships calling in U.S. ports. The reader is left to determine why. There is one short opinion that garnered the necessary five votes and holding that the public accommodation and specified public transportation definitions of the ADA include foreign cruise ships. A second opinion (garnering four votes) found that application of the ADA is allowed because it does not interfere with the internal management of the foreign ship. A third opinion (garnering four votes) seems to hold that the ADA provision would only apply if it does require violation of a flag state or international requirement. A fourth opinion (garnering two votes) is similar to the third opinion, but worded differently. A fifth opinion (garnering one vote) seems to be similar to opinions three and four, but worded still differently. A dissenting opinion (garnering three and one-half votes) found no clear intent on the part of Congress to extend the ADA to foreign cruise ships. The Supreme Court ended up remanding the case to the lower courts “for further proceedings.” If the cruise ship industry, the disabled community, and the lower courts are seeking clear guidance, they will have to look elsewhere. Spector v. Norwegian Cruise Line Ltd., No. 03-1388 (June 6, 2005). Source: HK Law
Maritime Reporter May 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Frontline Beats Q1 Forecasts, Inks Ship Finance Deal

Crude oil tanker firm Frontline posted first-quarter operating profit above expectations on Friday and said it had renegotiated its relationship with chartering

Thailand: 300 "boat people" Landed in Recent Weeks

Around 300 "boat people" have landed on Thailand's shores in recent weeks, Sek Wannamethee, director-general of the information department at Thailand's Foreign Ministry, said on Friday.

U.S.: China Placed Artillery on Reclaimed Island

The United States said on Friday that China had placed mobile artillery weapons systems on a reclaimed island in the disputed South China Sea, a development that Republican Sen.

Offshore

Study Targets Improved Subsea Mattress Salvage

Subsea mattress research announced at decommissioning event   Independent multi-discipline subsea engineering and training firm Jee Ltd. has completed a contract with Decom North Sea (DNS),

Lerwick Port Promoting Shetland Fishing Industry

The importance of investment in the Shetland fishing industry has been highlighted today by Lerwick Port Authority Chief Executive, Sandra Laurenson. The industry – white fish,

Five Years on from Macondo

An interview with NOIA’s Randall Luthi provides unique perspective on where the offshore energy business has been, where it is now, and where it could be headed next.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Offshore Oil Pipelines Port Authority Ship Electronics Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1150 sec (9 req/sec)