Title III of the Americans with Disabilities Act Applies to Foreign Cruise Ships; But What Exactly Is Required?

DiPolito, Samantha Allison

Journal: Mercer Law Review

Volume: 57

Year: 2006

Bluebook Citation: 57 MERCER L. REV. (2006)

Author: Samantha Allison Dipolito: all 3 publications


Abstract

In Spector v. Norwegian Cruise Line, the United States Supreme Court held that Title III of the Americans with Disabilities Act (the "ADA") applies to foreign-flag cruise ships in American waters insofar as the requirements of Title III do not interfere with the internal order of the cruise ships. Additionally, the Court held that the provision of the ADA requiring barrier removal, which is "readily achievable" does not apply if the removal would bring a ship into noncompliance with international legal obligations. The dissenting opinion argues that Title III of the ADA does not apply to foreign cruise ships because the requirements of Title III unquestionably interfere with the internal affairs of a ship.

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