Public Transportation Definitions News

ADA Applies to Foreign Cruise Ships

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.