Skip to comments.[Supreme] Court Expands Scope of Disabilities Law
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 ...
Man, we're really batting a thousand today, aren't we?
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!
This is a good thing. I was really worried about John Edwards having something to do, once the election was over.
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.
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."
"My attorney, the esteemed Sidney Whiplash"
An Associate in the law firm of Dewey, Cheatum & Howe no doubt
Maybe a stoner stole his girlfriend at law school. ;)
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