Americans with Disabilities Act Is Generally Applicable To Foreign Flag Cruise Ships
DOUGLAS SPECTOR, ET AL., PETITIONERS v. NORWEGIAN CRUISELINE LTD.
No. 03-1388
SUPREME COURT OF THE UNITED STATES
125 S. Ct. 2169; 162 L. Ed. 2d 97; 2005 U.S. LEXIS 4655; 73U.S.L.W. 4429; 16 Am. Disabilities Cas. (BNA) 1345; 18 Fla. L.Weekly Fed. S354;11 Accom. Disabilities Dec. (CCH) 11-256
February 28, 2005, Argued
June 6, 2005, Decided
PRIOR HISTORY: ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. Spector v. Norwegian Cruise Line, Ltd., 356 F.3d 641, 2004 U.S. App. LEXIS 340 (5th Cir. Tex., 2004)
DISPOSITION: Reversed and remanded.
PROCEDURAL POSTURE: Plaintiff disabled passengers filed a class action against defendant foreign cruise line under Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.S. § 12181 et seq. Though holding Title III generally applicable, the district court dismissed some claims but left others in place. The United States Court of Appeals for the Fifth Circuit held that the ADA was inapplicable to foreign vessels. The passengers sought review.
OVERVIEW: The passengers claimed the line's ships were covered by Title III's prohibition on discrimination in "public accommodations," 42 U.S.C.S. § 12182(a), and "specified public transportation services," 42 U.S.C.S. § 12184(a). Inter alia, the Supreme Court held that although the statutory definitions of "public accommodation" and "specified public transportation" did not expressly mention cruise ships, the cruise ships in question clearly fell within both definitions under conventional principles of interpretation. The "clear statement rule" demanded a clear congressional statement, not for all applications of a statute to foreign-flag vessels, but only those applications that would interfere with the foreign vessel's internal affairs. This did not mean the clear statement rule was irrelevant to the ADA, however. If Title III by its terms imposed duties that interfered with a foreign-flag ship's internal affairs, the lack of a clear congressional statement could mean that those specific statutory applications were precluded. The Circuit Court's broadly sweeping clear statement rule interpretation was inconsistent with the Supreme Court's case law and sound statutory interpretation.
OUTCOME: The Supreme Court reversed the decision of the Circuit Court and remanded for further proceedings.
