Following a decision of a group of mobility-impaired passengers who sued Norwegian Cruise Lines over alleged violations of the Americans with Disabilities Act (ADA), the U.S. Supreme Court had agreed to…
Following a decision of a group of mobility-impaired passengers who sued Norwegian Cruise Lines over alleged violations of the Americans with Disabilities Act (ADA), the U.S. Supreme Court had agreed to consider whether foreign cruise lines sailing in U.S. waters must comply with a federal disabilities law requiring better access to passengers in wheelchairs.
The story started when the group, during a 1998 cruise, complained that they were not given adequate access to ship pools, restaurants and emergency equipment. They also claim that they were charged additional fees for wheelchair accessible cabins, which impacted their rights to participate fully in society.
Brady Edwards, of Edwards & George, LLP, one of the law firms representing the group said We applaud the U.S. Supreme Court`s decision to consider whether foreign cruise lines operating in U.S. waters must comply with the ADA. By resolving the conflict between the Fifth and Eleventh Circuits, the Court can prohibit discrimination at places of public accommodation and in public transportation services. We respect the courage of Douglas Spector and our other clients to continue a legal fight that will clarify one of the most important laws of our generation. Their five-year commitment to this important issue deserves our appreciation.
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NCL`s claims that the only an express statement by Congress can justify imposing the U.S. law on a ship that sails under a foreign flag, even if it is docked at a U.S. port. The federal law is silent as to whether foreign cruise lines are covered by the ADA. In a filing with the court, NCL claims that This well-established principle of maritime and international law prevents unintended clashes between port states and flag states over the governance of oceangoing ships.
According to Rex Burch, of Bruckner Burch, PLLC, another law firm representing the group In our view, companies like Norwegian Cruise Lines whose principal place of business is in the United States and who state that any disputes with them are subject to U.S. law should comply with the ADA. Like all passengers on cruise ships, mobility impaired passengers should be entitled access to emergency evacuation equipment, facilities, the pool, restaurants and elevators — particularly when NCL charged premiums for such access and assistance.
Theodore is the Co-Founder and Managing Editor of TravelDailyNews Media Network; his responsibilities include business development and planning for TravelDailyNews long-term opportunities.
