Foreign cruise ship disability law ruling [US SC]

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Spector et al. v. Norwegian Cruise Lines Ltd., United States Supreme Court, June 6, 2005 [ruling that foreign cruise ships in US waters and ports are subject to federal civil rights and disability law, overturning a Fifth Circuit Court of Appeals decision]. Excerpt from the Opinion by Justice Kennedy:
Our cases hold that a clear statement of congressional intent is necessary before a general statutory requirement can interfere with matters that concern a foreign-flag vessel's internal affairs and operations, as contrasted with statutory requirements that concern the security and wellbeing of United States citizens or territory. While the clear statement rule could limit Title III.s application to foreign-flag cruise ships in some instances, when it requires removal of physical barriers, it would appear the rule is inapplicable to many other duties Title III might impose. We therefore reverse the decision of the Court of Appeals for the Fifth Circuit that the ADA is altogether inapplicable to foreign vessels; and we remand for further proceedings.
Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.

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This page contains a single entry by published on June 6, 2005 8:44 PM.

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