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Supreme Court Hears ADA Case on Cruise Vessels

On February 28, the Supreme Court heard oral arguments in Spector v. Norwegian Cruise Line, 03-1388, a case concerning the ADA's application to foreign cruise vessels sailing in US waters. Disability advocates, who boarded a Norwegian Cruise Line in 1998, say they weren't given adequate access to ship pools, restaurants and emergency equipment. They also alleged they were forced to pay additional fees for accessible rooms. Norwegian Cruise Line counters that only an express statement of Congress can justify imposing the ADA on a ship sailing under a foreign flag, even if docked at a US port.

The case is an appeal from the 5th US Circuit Court of Appeals in New Orleans, which ruled in January 2004 that foreign-flag cruise ships are not covered by the ADA. Both the cruise lines and disability groups urged the Supreme Court to take the case, noting a conflict with an 11th US Circuit Court of Appeals decision in 2000 saying foreign ships must comply with the law.

(Source: "Court Agrees To Hear Cruise Ship Access Case," Associated Press, September 28, 2004.)


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