Supreme Court: Americans with Disabilities Act applies to cruise ships
In a much-anticipated ruling that divided the court, the Supreme Court voted 5-4 this morning that foreign-flagged cruise ships calling at US ports are subject to the Americans with Disabilities Act of 1990 (ADA). The precise impact remains unclear for now, since a lower appeals court will be working out the details of how the Act will apply onboard in what will likely be a lengthy process.
Cruise lines serving the North American market have made strides in accommodating passengers with disabilities, but until now their efforts have been strictly voluntary since their mostly foreign registrations had shielded them from mandatory ADA compliance. Because the ADA specifies that only "readily achievable" modifications must be made, exactly how ADA requirements will apply onboard a ship -- a more complex environment than hotels or other buildings -- remains to be clarified.
A bit of background on what "foreign" means in the context of the cruise industry. Mainstream press reports are misreporting this issue as relating to "foreign cruise lines." That's wrong...the current question is around "foreign-flagged ships," meaning those ships that are registered in a country other than the United States, regardless of where the cruise line is based. To avoid the expense of complying with US laws, notably related to nationality of onboard employees and minimum wage requirements, almost all ships owned by major US-based cruise lines are registered elsewhere, from the Bahamas to the United Kingdom. The only US-registered vessels are Norwegian Cruise Line's Pride of Aloha, and upcoming Pride of America and Pride of Hawaii, which if not registered in the US, would have been forbidden under federal law from sailing inter-island Hawaii cruises without a time-consuming detour to a foreign port along the way.
Reuters: US disability law covers foreign cruise ships
Cruising with your wheelchair
Cruise lines serving the North American market have made strides in accommodating passengers with disabilities, but until now their efforts have been strictly voluntary since their mostly foreign registrations had shielded them from mandatory ADA compliance. Because the ADA specifies that only "readily achievable" modifications must be made, exactly how ADA requirements will apply onboard a ship -- a more complex environment than hotels or other buildings -- remains to be clarified.
A bit of background on what "foreign" means in the context of the cruise industry. Mainstream press reports are misreporting this issue as relating to "foreign cruise lines." That's wrong...the current question is around "foreign-flagged ships," meaning those ships that are registered in a country other than the United States, regardless of where the cruise line is based. To avoid the expense of complying with US laws, notably related to nationality of onboard employees and minimum wage requirements, almost all ships owned by major US-based cruise lines are registered elsewhere, from the Bahamas to the United Kingdom. The only US-registered vessels are Norwegian Cruise Line's Pride of Aloha, and upcoming Pride of America and Pride of Hawaii, which if not registered in the US, would have been forbidden under federal law from sailing inter-island Hawaii cruises without a time-consuming detour to a foreign port along the way.
Reuters: US disability law covers foreign cruise ships
Cruising with your wheelchair
Labels: Norwegian Cruise Line
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