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Can Cruise Ships Discriminate Against the Disabled? |
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March 5, 2005
"The ADA is so sweeping that this would be the one gaping hole if the industry's position is correct," said Thomas Goldstein, an attorney for the plaintiffs. "(Cruise ships) would be the only type of transportation and form of accommodation that would have this exception." Coming to the defense of Norwegiain Cruise Line was the U.S. Chamber of Commerce, which argued that the disabled passengers claims were "breathtakingly broad" and would interfere with international treaties. Title III of the ADA requires "places of public accommodation" and "private transportation entities" to be accessible to the disabled. Two federal appeals courts have split on the question. The 5th Circuit Court of Appeals said ship owners would have to make permanent structural changes to their ships and, therefore, applying the ADA would be "extraterritorial" and therefore prohibited. But the 11th Circuit said the question is "about whether Title III requires a foreign-flag cruise ship reasonably to accommodate a disabled, fare-paying, American passenger while the ship is sailing in American waters." Goldstein said that the cost and inconvenience of complying with the ADA is "a million-times better solution than saying, 'Now we can discriminate against the disabled.'" Amicus briefs supporting Spector have been filed by the Department of Justice, disability rights groups, eight state attorneys general and a maritime law professor. NCL is supported by the U.S. Chamber of Commerce, a cruise-line industry group, the Bahamas and 13 mutual assurance associations. Report Your Experience
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