Disabilities

• Author: International Law Group

The plaintiffs in the present case are U.S. citizens who have been passengers aboard cruise ships of the Norwegian Cruise Line (NCL) sailing to foreign destinations. They brought an action alleging that NCL has discriminated against them in violation of Title III of the Americans with Disabilities Act (ADA) [42 U.S.C. Section 12182]. Their companies also claimed that they had been discriminated against based on their association with disabled guests.

In particular, the plaintiffs claimed that physical barriers on the ships denied them access (1) to the emergency evacuation equipment, (2) to certain facilities such as swimming pools and restaurants, and (3) to cabins with a balcony or a window. Although the district court ruled that foreign-flagged cruise ships are subject to Title III of ADA, it dismissed plaintiffs' claim about physical barriers for lack of federal regulation. On the other hand, the court found that the companies had stated a claim for "associational discrimination." The U.S. Court of Appeals for the Fifth Circuit affirms in part and reverses in part.

Title III of ADA provides in 42 U.S.C. Section 12182(a) (2000) that "no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation." In 42 U.S.C. Section 12184(a) (2000), the ADA also bans discrimination against disabled persons in public transportation. The question before this Court is whether these provisions apply to foreign-flagged ships.

According to the Restatement (Third) of the Foreign Relations Law of the United States, Section 502 cmt. a (1987), international law generally empowers the flag state alone to adopt and enforce laws to protect the welfare of crews and passengers while aboard its ships. Thus...