SUPREME COURT RULING A MINOR VICTORY
Although the decision against a Norwegian cruise line was not a sweeping victory for people with disabilities, at least it didn't damage further the Americans with Disabilities Act of 1990 (ADA). The case was brought by cruise ship travelers with disabilities who paid premium rates for wheelchair-accessible cabins but soon found that their vacation had turned into a nightmare: they found that their cabins, and many areas on the ship, were not wheelchair accessible.
The Supreme Court took the case to resolve the question of whether or not a specific section (Title III) of the ADA, which deals with access issues for people with disabilities, applies to foreign cruise ships in American waters. In a complicated decision with five judges agreeing on only a small portion of the opinion, Justice Kennedy wrote for the majority including himself, Justice Souter, Justice Ginsberg, Justice Stevens and Justice Breyer. This decision reverses a previous lower court decision in the same case.
The majority decided that this specific section of the ADA should apply to foreign cruise ships that sail in American waters, just as it applies to American cruise ships that sail in foreign waters. However, the decision stated that the ships only have to make their ships accessible if the changes would be "readily achievable," meaning that it will be "easily accomplishable and able to be carried out without much difficulty or expense." The degree to which this decision will make cruise ships more accessible for people with disabilities remains to be seen.