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NEWS: Supreme Court Considers American Disability Laws on Foreign Ships

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posted on Mar, 1 2005 @ 06:34 PM
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The cruise ship industry tried Monday to fend off efforts to make its vessels more accessible to disabled vacationers, telling the Supreme Court that imposing requirements would hurt the billion-dollar tourist business. The real question is discrimination, said a lawyer for three disabled U.S. passengers who sued the Norwegian Cruise Line. They want the Americans With Disabilities Act extended to foreign vessels that call on U.S. ports.

 



www.chron.com
U.S. Supreme Court justices raised pointed questions about the risks of imposing American standards on foreign ships in a bid to protect the rights of passengers.

A disabled Meyerland man and four other passengers who contend Norwegian Cruise Line discriminates against customers in wheelchairs took their case to the high court Monday, arguing foreign-flagged vessels must be forced to abide by the Americans with Disabilities Act.

During the oral arguments, several of the justices raised concerns about trying to hold a foreign-flagged vessel that travels on international waters accountable to a U.S. regulation.



Please visit the link provided for the complete story.


Here we have another case that has no business in the American Court system. Ships are subject to maritime laws, not the laws of the US. Trying to enforce our disability laws is like saying the US rules the world. Not only is that stupid is out right wrong.

There is also a very simple solution to the problem, when an individual books a ship, they should ask if the ship has facilities for the handicapped individuals.

This is a prime example of lawyers that are out to make a quick buck if you ask me.


Related News Links:
abcnews.go.com



[edit on 3/1/2005 by shots]




posted on Mar, 1 2005 @ 07:46 PM
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I believe the U.S. courts should have no say in this whatsoever. If the corporations choose to make a change on their own, then so be it. If they choose to make ships more accomodating for the handicap than that should be their choice, but not because U.S. ports enforce it because they come to port here.



posted on Mar, 1 2005 @ 07:49 PM
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Spector and the other passengers sued in federal court in Houston, where the judge found Norwegian's ships were subject to the Americans with Disabilities Act.


Wow. I'd like to hear the reasoning behind that initial decision.



posted on Mar, 1 2005 @ 08:38 PM
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Originally posted by Nygdan

Spector and the other passengers sued in federal court in Houston, where the judge found Norwegian's ships were subject to the Americans with Disabilities Act.


Wow. I'd like to hear the reasoning behind that initial decision.


Here is the brief if you want to read it. Frankly I could not understand all the legal mumbo jumbo. in part here is the conclusion.


IV. CONCLUSION
Foreign-flagged cruise ships are not subject to Title
III of the ADA unless and until Congress clearly expresses its
intention to do so. We therefore sustain, albeit on different
grounds, the district court’s dismissal of the disabled
plaintiffs’ barrier removal claims. However, we reverse the
district court to the extent that any Title III ADA claims
remained, including those of the non-disabled plaintiffs, and
remand for further proceedings consistent herewith.
AFFIRMED in part, REVERSED in part, and REMANDED.

Source is PDF
file




posted on Mar, 2 2005 @ 02:58 AM
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well why should we have to be precluded just for a disability we cant help having, shots, are you so blind you dont see how wrong it is and unfair it is? you discredit this for no good reason.



posted on Mar, 2 2005 @ 03:37 AM
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Originally posted by namehere
well why should we have to be precluded just for a disability we cant help having, shots, are you so blind you dont see how wrong it is and unfair it is? you discredit this for no good reason.


The question before the SCOTUS, though, isn't whether it's right or wrong to discriminate against the disabled. I think that you'd find nearly (there's always a few assholes out there) unanimous support for the idea that such discrimination is wrong. The question is whether US law trumps maritime law. If the court finds for the plaintifs, it will have effects far beyond forcing Norweigan Cruise Lines to make their ships handicapped-accessible. It will have repercussions for all US laws, treaties and regulations dealing with, at the very least, maritime law.



posted on Mar, 2 2005 @ 04:03 AM
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if cargo ships and commercial aircraft are required to follow local laws when in many different nations why cant cruise ships do the same?



posted on Mar, 2 2005 @ 08:38 AM
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Originally posted by namehere

if cargo ships and commercial aircraft are required to follow local laws when in many different nations why cant cruise ships do the same?


I would say, because the costs requiring all ships to conform to our ADA would be far to costly is one good reason.

Also the law as written applies only to the US. It also does not apply to ships.

Here in part is what is says.
"The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). "

www.usdoj.gov...





[edit on 3/2/2005 by shots]



posted on Mar, 2 2005 @ 10:49 AM
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Originally posted by namehere

if cargo ships and commercial aircraft are required to follow local laws when in many different nations why cant cruise ships do the same?

IF foreign ships have to follow any rules, it would appear to be ecause Congress has stipulated so. The courts are saying that they can't create these laws, and the Congress is the 'culprit' here.




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