Not sure what impact this could have...

[Splatitudes]

Supreme Court Rules Cruise Ships Must Provide Disabled Access

 

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WASHINGTON (AP) -- The Supreme Court ruled Monday that foreign cruise lines sailing in U.S. waters must provide better access for passengers in wheelchairs, expanding the scope of a landmark federal disabilities law.

 

The narrow 5-4 decision is a victory for disabled rights advocates, who said inadequate ship facilities inhibited their right to "participate fully in society."

 

Congress intended the 1990 law to apply to cruise lines, justices said.

 

"The statute is applicable to foreign ships in the United States waters to the same extent that it is applicable to American ships in those waters," Justice Anthony Kennedy wrote for the majority. He was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

 

Still, the ruling is unclear how much the $2.5 billion foreign cruise industry, two-thirds of whose passengers are Americans, will actually have to reconfigure pools, restaurants and emergency equipment for wheelchair accessibility, an upgrade that could cost the industry millions.

 

That's because Kennedy also writes that cruise lines need not comply with the Americans With Disabilities Act to the extent it creates too much international discord or disruption of internal affairs, under a provision of the statute that calls only for "readily achievable" modifications.

 

Three disabled passengers, who sailed on a Norwegian Cruise Line ship from Houston in 1998 and 1999, say they paid premiums for accessible cabins and the assistance of crew, but the ship's restaurants, elevators and other facilities violated the ADA.

 

Miami-based Norwegian countered that only an explicit statement of 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 on whether foreign cruise lines are covered by the ADA.

[Tarkus]

i would hope it would simply mean that cruise lines cannot charge a "premium" for a handicap-accessible room. but it is definitely an interesting precedent - to impose those kinds of requirements on a foreign entity simply doing business within the u.s.

 

i suppose, as with most court rulings, time will tell the ultimate outcome...

[Splatitudes]

I just wonder if this could have any far-reaching negative impact on the cruise lines as far as refitting or remodeling ships - in particular the older ships.

 

[blackbird71]

The CDC already has US standards that cruise lines must meet. I do not think this will be a big deal for most cruise lines. They also do not have to meet all ADA standard.

[K&RCurt]

JMHO BUT.....

 

 

I'm willing to bet that the cruise lines will start lobbying heavily to have specific exemptions to other laws added for foreign flagged ships. As the majority of the Cruise Lines are U.S. companies, but the SHIPS are foreign flagged (mostly to avoid such U.S. laws,) the Superme Court stating that ONE U.S. law DOES apply COULD open the door to OTHER lawsuits seeking the application of OTHER U.S. laws on ships who's cruises are based in U.S. Ports.

 

This case sets a precedent for the application of a law regarding access to buildings and facilities on US soil to a SHIP calling on U.S. ports. Can a flood of lawsuits for the application of other U.S. laws on these same ships be far behind?

[jhannah]

I agree that this could open a whole new forest of litigation. Too bad. The ships I've been on have all seemed to be accessible. How could an elevator not be, unless it's simply because buttons are too high? (Maybe that's it.) The only problem I could see is with tendering. Now that could be very problematic.

[blackbird71]

JMHO BUT.....

 

 

I'm willing to bet that the cruise lines will start lobbying heavily to have specific exemptions to other laws added for foreign flagged ships. As the majority of the Cruise Lines are U.S. companies, but the SHIPS are foreign flagged (mostly to avoid such U.S. laws,) the Superme Court stating that ONE U.S. law DOES apply COULD open the door to OTHER lawsuits seeking the application of OTHER U.S. laws on ships who's cruises are based in U.S. Ports.

 

 

It was clear that they did not have to meet ADA. Just provide more access to ships. I do not think HAL charges extra for HC rooms, and boo on a line that does.

 

Since I do not swim on ships,,, (something about living in Florida with a apartment pool :rolleyes:) I do know my mother LOVED the steps on the pool ladder on NCL Seaward because they were wide and made out of wood. So what's good for the HC is also good for the senior passengers. And most if not all cruise lines list any shore excursions that are not wheelchair friendly.

 

I am not sure what NCL had a problem with....

[xpcdoojk]

Supreme Court Rules Cruise Ships Must Provide Disabled Access

 

E-mail this story to a friend

 

WASHINGTON (AP) -- The Supreme Court ruled Monday that foreign cruise lines sailing in U.S. waters must provide better access for passengers in wheelchairs, expanding the scope of a landmark federal disabilities law.

 

The narrow 5-4 decision is a victory for disabled rights advocates, who said inadequate ship facilities inhibited their right to "participate fully in society."

 

Congress intended the 1990 law to apply to cruise lines, justices said.

 

"The statute is applicable to foreign ships in the United States waters to the same extent that it is applicable to American ships in those waters," Justice Anthony Kennedy wrote for the majority. He was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

 

Still, the ruling is unclear how much the $2.5 billion foreign cruise industry, two-thirds of whose passengers are Americans, will actually have to reconfigure pools, restaurants and emergency equipment for wheelchair accessibility, an upgrade that could cost the industry millions.

 

That's because Kennedy also writes that cruise lines need not comply with the Americans With Disabilities Act to the extent it creates too much international discord or disruption of internal affairs, under a provision of the statute that calls only for "readily achievable" modifications.

 

Three disabled passengers, who sailed on a Norwegian Cruise Line ship from Houston in 1998 and 1999, say they paid premiums for accessible cabins and the assistance of crew, but the ship's restaurants, elevators and other facilities violated the ADA.

 

Miami-based Norwegian countered that only an explicit statement of 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 on whether foreign cruise lines are covered by the ADA.

 

I think that the supreme court is rapidly making themselves look like fools.....actually, I am wrong, apparently they are fools.....:D

 

jc

[peaches from georgia]

Supreme Court Rules Cruise Ships Must Provide Disabled Access

.........

Still, the ruling is unclear how much the $2.5 billion foreign cruise industry, two-thirds of whose passengers are Americans, will actually have to reconfigure pools, restaurants and emergency equipment for wheelchair accessibility, an upgrade that could cost the industry millions.

 

That's because Kennedy also writes that cruise lines need not comply with the Americans With Disabilities Act to the extent it creates too much international discord or disruption of internal affairs, under a provision of the statute that calls only for "readily achievable" modifications.

.........

We obviously don't know yet what this decision is going to require of the cruiselines. Those of us who are lucky enough not to affected by a disability really don't know whether the cruiselines have been reasonable in their treatment of the handicapped, do we, or how easily some of the problems could be remedied.

[Mister Magic]

First and foremost, this is a monumental decision for people with disabilties and the ADA in general. Even the elderly who are not physically disabled --- just slow or frail --- will benefit from this ruling. An individual with a disabilty has as much control over his being disabled as anyone does over his own race or gender. The Civil Rights Act of 1964, and subsequent legislation, acknowledged the rights of those of a minority race as well as protecting those discriminated against because of gender. Protecting the rights of the disabled is no different and rises to that same level of being a civil right.

 

The ADA has a provision (acknowledged by Justice Kennedy in his majority opinion) that protects businesses (in this case, cruise lines) from needing to comply with those requirements that cause a hardship or are not "readily achievable." So before anyone gets overly excited, let's see how the lower court handles this key aspect of the opinion.

 

There's no question that cruise lines will need to comply. But it is still unclear as to when that will happen and to what extent it will happen.

 

I have been on many cruises, and violations are apparent to me in almost every aspect of cruising --- some worse than others.

 

And if you doubt it, then try spending 100 percent of your next cruise in a wheelchair, and then report back. I guarantee you'll instantly become a disability rights advocate.

[bookworm0911]

I think that the supreme court is rapidly making themselves look like fools.....actually, I am wrong, apparently they are fools.....:D

 

jc

 

How so? :confused:

[blackbird71]

We obviously don't know yet what this decision is going to require of the cruiselines. Those of us who are lucky enough not to affected by a disability really don't know whether the cruiselines have been reasonable in their treatment of the handicapped, do we, or how easily some of the problems could be remedied.

 

Right,,, I know in 88 the Royal Princess in Europe had a stair walker machine to get passengers down from the top of the gang plank to the bottom. Neat machine. They also have crew members to help ppl on to tenders. All they would have to add it the narrow wheel chairs that airlines use.

 

If the elevators do not have the floors numbers marked in braille then they should shoot their elevator manufacturers. :D

 

 

Now the ports are another thing. If you are in a wheelchair do not even get off on Devils Island :eek:

 

this is a law that has been in place for years and why NCL fought it is crazy. The cruise lines want as many passengers as they can get.

[Bill S]

I noticed that the Oosterdam had a stair rail lift going from outside the Crows Nest up to the Sky Deck observation area--I thought that was a positive indicator of how HAL views the issue on making the ship accessible to the handicapped.