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Can Cruise Ships Discriminate Against the Disabled?

March 5, 2005
Must foreign-flag cruise ships comply with the Americans with Disabilities Act when they sell tickets to U.S. passengers and dock at U.S. ports? The Supreme Court is considering the question. The court heard arguments this week in a lawsuit against Norwegian Cruise Line Ltd., a Bahamian-flag operator.

ADA-Cruise Ships • Supreme Court Rules Cruise Ships Must Improve Access for Disabled Passengers • ADA-Cruise Case Goes to Supreme Court --- • Norwegian Cruise Lines Complaints

The case before the court was brought by Douglas Spector, Julia Hellenbeck and several other people with disabilities. After taking an NCL cruise from Houston, they charged that customers with disabilities are charged higher ticket rates and that the vessels are not configured to enable them to use facilities including bathrooms and swimming pools. They say they experienced isolation, higher prices and obstacles to participating in activities during their Norwegian Cruise Line trip.

"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.

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