Supreme Court rules in favor of the Disabled on Cruise Ships
June 07, 2005
A Supreme Court ruling has been handed down that could drastically affect the way cruise lines operate. By a 5-4 vote, the highest court in the land ruled that foreign cruise ships that sail in U.S. waters can be sued under the laws of the Americans with Disabilities Act of 1990 (ADA) for discriminating against disabled passengers.
The ruling was the backlash of a lawsuit against Norwegian Cruise Line concerning three cruises in 1998 and 1999 in which disabled passengers claimed their rights were violated when they were denied access to public spaces and even emergency evacuation equipment. The ships that were involved in the lawsuit Spector v. Norwegian Cruise Line were the Norwegian Sea and the Norwegian Star, both Bahamas-flagged ships.
The passengers, each of whom use a wheelchair or electric scooter, state that they were not only unable to access public restrooms, restaurants, elevators, and certain cabins because of physical barriers, but that they were charged a higher premium for the use of handicapped-accessible cabins and for the assistance of crew members.
Justices William Rehnquist, Sandra Day O'Conner, Clarence Thomas, and Antonin Scalia dissented. Scalia held that he would hold that the law does not apply to foreign-flagged cruise ships. With this Supreme Court ruling, the case against Norwegian Cruise Line will be sent back to the appeals court for further proceedings. However, Norwegian Cruise Line has not been found guilty of anything.
NCL contends that their newer ships are being constructed as if the ADA did apply. Also, the ships involved were two of the NCL's oldest vessels, one of which has been decommissioned and one of which will be decommissioned in the summer.
And although in theory the ADA will not be a factor in regulating a foreign-flagged vessel's internal affairs, one has to wonder if the ruling won't affect exactly that and more. The method of construction of foreign-flagged ships, the price for cruise tickets, even aspects of international sovereignty might be affected by this controversial ruling.
The fact is the cruise industry does just as much—or more—to accommodate disabled people as any restaurant, hotel, or resort. Dining areas, public bathrooms, and private accommodations are designed with disabled peoples' needs in mind.
There are no cruise ships being constructed now that won't meet and probably surpass the needs of disabled people. And while no one in good conscience could call the discrimination of disabled people—implied or otherwise—should be a policy of cruise ships, the result of this ruling could very well affect more than is intended.
