Spector v. Norwegian Cruise Line Ltd.

162 L. Ed. 2d 97, 18 Fla. L. Weekly Fed. S 354, 125 S. Ct. 2169, 545 U.S. 119, 2005 A.M.C. 1521, 2005 U.S. LEXIS 4655, 73 U.S.L.W. 4429, 16 Am. Disabilities Cas. (BNA) 1345
Supreme Court of the United States·Decided June 6, 2005·No. 03-1388·Published·Cited by 124 cases

Opinions

[125]*125Justice Kennedy

announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A-1, and II-B-2, an opinion with respect to Parts II-A-2, II-B-1, II-B-3, and III-B, in which Justice Stevens and Justice Souter join, and an opinion with respect to Part III-A, in which Justice Stevens, Justice Souter, and Justice Thomas join.

This case presents the question whether Title III of the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 353, 42 U. S. C. § 12181 et seq., applies to foreign-flag cruise ships in United States waters. The Court of Appeals for the Fifth Circuit held Title III did not apply because of a presumption, which it sought to derive from this Court’s case law, that, absent a clear indication of congressional intent, general statutes do not apply to foreign-flag ships. 356 F. 3d 641, 644-646 (2004). The Court of Appeals for the Eleventh Circuit, on the other hand, has held that the ADA does apply to foreign-flag cruise ships in United States waters. See Stevens v. Premier Cruises, Inc., 215 F. 3d 1237 (2000). We granted certiorari to resolve the conflict. 542 U. S. 965 (2004).

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 well-being of United States citizens or territory. While the clear statement rule could limit Title Ill’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.

[126]*126t — H

The respondent Norwegian Cruise Line Ltd. (NCL), a Bermuda corporation with a principal place of business in Miami, Florida, operates cruise ships that depart from, and return to, ports in the United States. The ships are essentially floating resorts. They provide passengers with staterooms or cabins, food, and entertainment. The cruise ships stop at different ports of call where passengers may disembark. Most of the passengers on these cruises are United States residents; under the terms and conditions of the tickets, disputes between passengers and NCL are to be governed by United States law; and NCL relies upon extensive advertising in the United States to promote its cruises and increase its revenues.

Despite the fact that the cruises are operated by a company based in the United States, serve predominantly United States residents, and are in most other respects United States-centered ventures, almost all of NCL’s cruise ships are registered in other countries, flying so-called flags of convenience. The two NCL cruise ships that are the subject of the present litigation, the Norwegian Sea and the Norwegian Star, are both registered in the Bahamas.

The petitioners are disabled individuals and their companions who purchased tickets in 1998 or 1999 for round-trip cruises on the Norwegian Sea or the Norwegian Star, with departures from Houston, Texas. Naming NCL as the defendant, the petitioners filed a class action in the United States District Court for the Southern District of Texas on behalf of all persons similarly situated. They sought declaratory and injunctive relief under Title III of the ADA, which prohibits discrimination on the basis of disability. The petitioners asserted that cruise ships are covered both by Title Ill’s prohibition on discrimination in places of “public accommodation,” § 12182(a), and by its prohibition on discrimination in “specified public transportation services,” § 12184(a). Both provisions require covered entities to make “reason[127]*127able modifications in policies, practices, or procedures” to accommodate disabled individuals, §§ 12182(b)(2)(A)(ii), 12184(b)(2)(A), and require removal of “architectural barriers, and communication barriers that are structural in nature,” where such removal is “readily achievable,” §§ 12182(b)(2)(A)(iv), 12184(b)(2)(C).

The District Court held that, as a general matter, Title III applies to foreign-flag cruise ships in United States territorial waters. Civ. Action No. H-00-2649 (SD Tex., Sept. 10, 2002), App. to Pet. for Cert. 35a. The District Court found, however, that the petitioners’ claims regarding physical barriers to access could not go forward because the agencies charged with promulgating architectural and structural guidelines for ADA compliance (the Architectural and Transportation Barriers Compliance Board, the Department of Transportation, and the Department of Justice) had not done so for cruise ships. In these circumstances, the court held, it is unclear what structural modifications NCL would need to make. Id., at 36a-42a. The District Court granted NCL’s motion to dismiss the barrier-removal claims, but denied NCL’s motion with respect to all the other claims. Id., at 47a.

The Court of Appeals for the Fifth Circuit affirmed in part and reversed in part. It reasoned that our cases, particularly Benz v. Compania Naviera Hidalgo, S. A., 353 U. S. 138 (1957), and McCulloch v. Sociedad Nacional de Marineros de Honduras, 372 U. S. 10 (1963), stand for the proposition that general statutes do not apply to foreign-flag vessels in United States territory absent a clear indication of congressional intent. 356 F. 3d, at 644 (“[T]o apply domestic law to foreign vessels entering United States waters, there must be present the affirmative intention of the Congress clearly expressed” (quoting Benz, supra, at 147; internal quotation marks omitted)); 356 F. 3d, at 646 {Benz and Mc-Culloch “prohibit United States courts from applying domestic statutes to foreign-flagged ships without specific evidence [128]*128of congressional intent”). As Title III does not contain a specific provision mandating its application to foreign-flag vessels, the Court of Appeals sustained the District Court’s dismissal of the petitioners’ barrier-removal claims on this alternative ground and reversed the District Court on the remaining Title III claims. 356 F. 3d, at 650-651.

The action was ordered dismissed for failure to state a claim, Fed. Rule Civ. Proc. 12(b)(6), before extensive discovery. We cannot then discuss the specific allegations in much detail but must confine our opinion to the relevant general principles. (On November 24,2004, the responsible agencies finally did issue draft guidelines for large passenger vessels and a Notice of Proposed Rulemaking. See 69 Fed. Reg. 69244, 69249. These developments are not dispositive of the legal question on which we granted certiorari, and we do not address how they might affect the ultimate resolution of the petitioners’ claims.)

II

A

Title III of the ADA prohibits discrimination against the disabled in the full and equal enjoyment of public accommodations, 42 U. S. C.

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Spector v. Norwegian Cruise Line Ltd., 162 L. Ed. 2d 97, 18 Fla. L. Weekly Fed. S 354, 125 S. Ct. 2169, 545 U.S. 119, 2005 A.M.C. 1521, 2005 U.S. LEXIS 4655, 73 U.S.L.W. 4429, 16 Am. Disabilities Cas. (BNA) 1345 (U.S. 2005).

162 L. Ed. 2d 97 (Spector v. Norwegian Cruise Line Ltd.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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