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[Supreme] Court Expands Scope of Disabilities Law
AP ^ | 6/6/05 | HOPE YEN, Associated Press Writer

Posted on 06/06/2005 8:52:05 AM PDT by mathprof

The Supreme Court, expanding the scope of a landmark federal disabilities law, ruled Monday that foreign cruise lines sailing in U.S. waters must provide better access for passengers in wheelchairs.

The narrow 5-4 decision is a victory for disabled rights advocates, who said inadequate ship facilities inhibited their right to "participate fully in society."

Congress intended the 1990 American with Disabilities Act to apply to cruise lines, justices said.

"The statute is applicable to foreign ships in the United States waters to the same extent that it is applicable to American ships in those waters," Justice Anthony Kennedy wrote for the majority. He was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

Still, the ruling is unclear how much the $2.5 billion foreign cruise industry, with two-thirds of its passengers Americans, will actually have to reconfigure pools, restaurants and emergency equipment for wheelchair accessibility, an upgrade that could cost the industry millions.

That's because Kennedy also writes that cruise lines need not comply with Title III of the ADA to the extent it creates too much international discord or disruption of a ship's internal affairs, under a provision that calls only for "readily achievable" modifications.

Three disabled passengers, who boarded Norwegian Cruise Line in Houston in 1998 and 1999, say they paid premiums for handicapped-accessible cabins and the assistance of crew but the cruise line failed to configure restaurants, elevators and other facilities.

In a dissent, Justice Antonin Scalia argued that extending the federal law to foreign ships will create international discord and is wrong because Congress does not explicitly call for it. The ruling should leave no opening for ships to be required to change their amenities to fit the laws of each country they visit, he said.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: ada; bush41; judiciary; lawsuit

1 posted on 06/06/2005 8:52:05 AM PDT by mathprof
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To: mathprof
1990 American with Disabilities Act

I KNEW this law would turn into a lawyers dream..

2 posted on 06/06/2005 8:54:03 AM PDT by Paradox (Who cares about his razor, I use Occam's Chainsaw!)
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To: mathprof
That damn OldBob Dole rises from the grave once again to inflict harm and expense.

Food Stamps and the ADA - OldBob's two proudest "accomplishments", according to him.

3 posted on 06/06/2005 8:54:10 AM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: mathprof

Regarding the law, Scalia's right: the court overreached (duh!) in finding authority for this.

Regarding the result, it seems good to force foreign-flag ships to submit to the same regs as US-flag vessels.


4 posted on 06/06/2005 8:54:45 AM PDT by Petronski (How do you solve a problem like Petronski?)
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To: mathprof

WTG Kangaroo Court!

Run another barely-surviving business into the ground.

Who needs to take a cruise anyway?


5 posted on 06/06/2005 8:55:24 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Petronski
Regarding the law, Scalia's right: the court overreached (duh!) in finding authority for this.

Just like it overreached this morning regarding medical marijuana - which Scalia agreed with.

He's all over the map regarding federal power-lust.

6 posted on 06/06/2005 8:56:07 AM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: Hank Rearden
That damn OldBob Dole rises from the grave once again to inflict harm and expense.

Bob Dole says: "Bob Dole isn't dead yet. You shouldn't have buried Bob Dole".

7 posted on 06/06/2005 8:59:04 AM PDT by KarlInOhio (Republicans and Democrats no longer exist. There are only Fabian and revolutionary socialists.)
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To: KarlInOhio
It's a judgement call. Very hard to tell. Saw "him" on TV the other day - it was like Weekend at Bernie's.

As a Senator, he was braindead; I just assumed the body must have followed by now.

Tax Collector for the Welfare State, indeed.

8 posted on 06/06/2005 9:00:52 AM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: KarlInOhio
Bob Dole says: "Bob Dole isn't dead yet. You shouldn't have buried Bob Dole"

LOL

9 posted on 06/06/2005 9:01:44 AM PDT by DumpsterDiver
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To: mathprof

The SC is becoming just another symbol of offical corruption and a petty desire to rule over others. The whole system is losing its legitimacy, in my view.


10 posted on 06/06/2005 9:04:29 AM PDT by oblomov
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To: Hank Rearden

Yes, indeed. SCOTUS making a bad law worse. More unfunded mandates for evil business to shoulder.


11 posted on 06/06/2005 9:06:30 AM PDT by B.Bumbleberry
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To: Hank Rearden

Bob Dole: "If Bob Dole is dead, at least somebody should have had the courtesy of inforing Bob Dole. The last thing Bob Dole wants to do is to miss Bob Dole's departure."


12 posted on 06/06/2005 9:07:15 AM PDT by Mad_Tom_Rackham (Delenda est Liberalism!)
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To: Paradox

Odd. I never had any trouble traveling on the Alaska State Ferry. I have long believed that as a person who uses a wheelchair(paraplegic) I have to deal with the reality of the world in which I live. Not everything can be fixed to my liking and I certainly do not expect a business to remodel to the tune of millions of dollars in the cruise ships. Or thousands of dollars in the case of small main street businesses which have small profit margin. The ADA, while well intentioned, has become a friggin' gold mine for the legal profession and people wishing to get into a "deep pocket" for their big lottery win.


13 posted on 06/06/2005 9:13:32 AM PDT by commonasdirt (Reading DU so you won't hafta)
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To: commonasdirt
The ADA, while well intentioned, has become a friggin' gold mine for the legal profession and people wishing to get into a "deep pocket" for their big lottery win.

Sorry to hear about your paraplegia. I agree that this law was passed (signed by Bush Sr) with the best of intentions, but what is it they say about the road to hell...

14 posted on 06/06/2005 9:16:50 AM PDT by Paradox (Who cares about his razor, I use Occam's Chainsaw!)
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To: KarlInOhio
Bob Dole likes cruise ships.


15 posted on 06/06/2005 9:26:13 AM PDT by gopwinsin04
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To: mathprof

All disabilities are equal... but some disabilities are more equal than others.


16 posted on 06/06/2005 9:26:17 AM PDT by thoughtomator (The U.S. Constitution poses no serious threat to our form of government)
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To: mathprof
My attorney, the esteemed Sidney Whiplash has quit taking my calls and his answer machine has someone singing "Oh What a Beautiful Day".

On second thought, it sounds a lot like Sidney.

17 posted on 06/06/2005 9:26:49 AM PDT by Chuck54 (Real courage is when you know you're licked before you begin, but you begin anyway. - Harper Lee)
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To: KarlInOhio

Blame the Bush family. ADA was signed by the Patriarch Bush.

Dole's handicapped, for heaven's sake. Did you expect otherwise?


18 posted on 06/06/2005 9:27:48 AM PDT by Finalapproach29er (America is gradually becoming the Godless,out-of-control golden-calf scene,in "The Ten Commandments")
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To: mathprof

The ADA continues to be a disaster and an impediment to the employment of the disabled.


19 posted on 06/06/2005 9:34:10 AM PDT by Cinnamon Girl (OMGIIHIHOIIC ping list)
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To: Paradox

And it has turned into a weapon with which thowe who are embittered by their personal plight can lash out at others. The biggest fallout of the ADA is the removal of TENS of THOUSANDS of public facilities because somebody in a wheelchair doesn't have "full access" to the mountain bike trail or can't get to the picnic table at the top of the hill (never mind that there are 79 other picnic tables that they can get to.)


20 posted on 06/06/2005 9:37:48 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: mathprof

Man, we're really batting a thousand today, aren't we?


21 posted on 06/06/2005 9:37:55 AM PDT by highball
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To: mathprof

The judicial tyrany continues and now extends beyond our own borders. This is exactly what Ginsburg was after when she started quoting international bodies in her decisions. Not only does she want the US to submit to international law, but now she wants other countries to submit, unfailingly to ours.

"...absolute power corrupts absolutely" --Lord Acton

Congress should censure this kind of renegade action by the court. We need and other Judiciary Act of 1801 where congress reduced the size of the Supreme Court. Do they not know that they have the power to do that?!

Kick the bums out!


22 posted on 06/06/2005 9:46:59 AM PDT by Nice50BMG (3 books to read this year: The Bible (God), Bringing Up Boys (Dobson), Winning the Future (Newt))
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To: mathprof

This is a good thing. I was really worried about John Edwards having something to do, once the election was over.


23 posted on 06/06/2005 9:58:50 AM PDT by SmithL (Proud Submariner)
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To: mathprof
"The Supreme Court, expanding the scope of a landmark federal disabilities law, ruled Monday that foreign cruise lines sailing in U.S. waters must provide better access for passengers in wheelchairs."

Aside from the fact that their maybe a "jurisdictional" issue, the ADA law is inherently unconstitutional.

Since is "takes" money from the owner to alter their facility to accommodate "passengers in wheelchairs," without compensating the owners for the taking the law is unconstitutional.

Amendment V

nor shall private property be taken for public use without just compensation.

Justice Stevens, in Nixon v. Shrink, 2000, states:

"I make on simple point. Money is property."

24 posted on 06/06/2005 10:02:20 AM PDT by tahiti
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To: Chuck54

"My attorney, the esteemed Sidney Whiplash"

An Associate in the law firm of Dewey, Cheatum & Howe no doubt


25 posted on 06/06/2005 10:12:41 AM PDT by commonasdirt (Reading DU so you won't hafta)
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To: Hank Rearden

Maybe a stoner stole his girlfriend at law school. ;)


26 posted on 06/06/2005 10:13:45 AM PDT by Wolfie
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