Spector v. Norwegian Cruise Line Ltd.
The plaintiffs in this case are disabled persons and their companions who took cruises on Norwegian Cruise Line (NCL) ships, which sail under the Bahamian flag. The cruises originated in the Port of Houston, Texas, and traveled to foreign ports of call. Afterwards, the plaintiffs sued NCL, asserting that they were discriminated against in violation of Title III of the Americans with Disabilities Act (ADA). The disabled plaintiffs alleged that physical barriers on the ships denied them access to various equipment, programs and facilities on the ships and sought injunctive relief requiring NCL to remove certain barriers that obstructed their access to the ships' facilities.
The district court ruled that foreign-flagged cruise ships are subject to Title III of the ADA. The Fifth Circuit Court of Appeals reversed because it found no indication, either in the statutory text or in the ADA's extensive legislative history, that Congress specifically intended Title III to apply to foreign-flagged cruise ships.
Question Presented:
Whether and to what extent Title III of the Americans with Disabilities Act applies to companies that operate foreign-flag cruise ships in United States
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