Should the US Legislation affect the Whole World?
Should the “ADA’s” Regulations be forced on Foreign-Flag Ships?
Warren Richey, a staff writer of The Christian Science Monitor is monitoring a story in the US Supreme Court. It seems that it is now up to the Supreme Court to break the deadlock with a ruling that will apply nationwide. This issue has been in two appeals courts, the first was in Atlanta court, Spector Vs Norwegian Cruise Line in 2000, Atlanta ruled that the ADA applies. But, the New Orleans court ruled it does not apply. Now on Monday the Supreme Court considers whether “foreign flag” cruise lines have to follow US legislation.
The problem seems to be that Mr. Spector and a group of other The Norwegian Cruise Line (NCL) passengers allege that they forced to pay higher fares, travel with a companion, waive any medical liability, and reside in a limited number of less attractive cabins, and were barred from participation in evacuation and other safety drills. In addition they said there were no accessible public restrooms on the ship.
The US residents accounts for at least three of every four passengers. The cruise lines use foreign-ship registration to avoid paying US taxes and sidestep compliance with expensive American labor regulations. But, the ships must comply with American environmental laws when in US waters; it is unclear whether they are subject to American civil right statues like the Americans with Disabilities Act (ADA). The NCL insists that their new ships are accessible, and they have constructed the newer vessels as if the ADA did apply. The Cruise and shipping industry officials say the Spector case is important because an NCL defeat could undermine the existing international framework governing worldwide shipping. “If the US chose to apply its own accessibility standards to foreign-flagged ships entering its waters, many of the other 40 countries around the world with antidiscrimination laws might respond by attempting to apply their own unique and divergent, if not contradictory set of standards to foreign-flagged ships, including US ships,” says Washington attorney Gregory Garre in a brief filed on behalf of the Bahamas Maritime Authority.
I disagree with the Atlanta ruling that the ADA applies. This decimation class-action lawsuit has gotten the attention of the NCL and Royal Caribbean Cruise Lines who say they have taken steps in their newer vessels and provide a list of features for passengers with disabilities. But, the ADA stands for American with Disabilities, and for the US to enforce this law on “foreign flag” cruise lines are just like having a tariff taxes on the foreign cruise lines. I believe that if this law passes the price of vacation cruise will increase for everyone not just the disabled. We are the highest consumers of vacation cruise, and the foreign cruise lines will listen or pay the price of fewer profits. That is why they have already taken the steps to improve the newer vessels and decommissioned or taken out of service the older model vessels. Should the US Legislation affect the Whole World?
http://www.csmonitor.com/2005/0228/p03s01-usju.html
Warren Richey, a staff writer of The Christian Science Monitor is monitoring a story in the US Supreme Court. It seems that it is now up to the Supreme Court to break the deadlock with a ruling that will apply nationwide. This issue has been in two appeals courts, the first was in Atlanta court, Spector Vs Norwegian Cruise Line in 2000, Atlanta ruled that the ADA applies. But, the New Orleans court ruled it does not apply. Now on Monday the Supreme Court considers whether “foreign flag” cruise lines have to follow US legislation.
The problem seems to be that Mr. Spector and a group of other The Norwegian Cruise Line (NCL) passengers allege that they forced to pay higher fares, travel with a companion, waive any medical liability, and reside in a limited number of less attractive cabins, and were barred from participation in evacuation and other safety drills. In addition they said there were no accessible public restrooms on the ship.
The US residents accounts for at least three of every four passengers. The cruise lines use foreign-ship registration to avoid paying US taxes and sidestep compliance with expensive American labor regulations. But, the ships must comply with American environmental laws when in US waters; it is unclear whether they are subject to American civil right statues like the Americans with Disabilities Act (ADA). The NCL insists that their new ships are accessible, and they have constructed the newer vessels as if the ADA did apply. The Cruise and shipping industry officials say the Spector case is important because an NCL defeat could undermine the existing international framework governing worldwide shipping. “If the US chose to apply its own accessibility standards to foreign-flagged ships entering its waters, many of the other 40 countries around the world with antidiscrimination laws might respond by attempting to apply their own unique and divergent, if not contradictory set of standards to foreign-flagged ships, including US ships,” says Washington attorney Gregory Garre in a brief filed on behalf of the Bahamas Maritime Authority.
I disagree with the Atlanta ruling that the ADA applies. This decimation class-action lawsuit has gotten the attention of the NCL and Royal Caribbean Cruise Lines who say they have taken steps in their newer vessels and provide a list of features for passengers with disabilities. But, the ADA stands for American with Disabilities, and for the US to enforce this law on “foreign flag” cruise lines are just like having a tariff taxes on the foreign cruise lines. I believe that if this law passes the price of vacation cruise will increase for everyone not just the disabled. We are the highest consumers of vacation cruise, and the foreign cruise lines will listen or pay the price of fewer profits. That is why they have already taken the steps to improve the newer vessels and decommissioned or taken out of service the older model vessels. Should the US Legislation affect the Whole World?
http://www.csmonitor.com/2005/0228/p03s01-usju.html
2 Comments:
At 11:44 AM, Sean said…
Enjoyed the article. The answer is not clear cut and shows the difficultly in determining regulations
At 1:50 PM, JCD said…
I agree with Sean about the difficulties in determining regulations. However, sometimes I think policy-makers have the most difficulties with not regulating. I also agree with daisy that market forces should be the only regulator in this situation. Especially since this is a foreign-flagged ship. The policy-makers in this country are supposed to uphold and defend the U.S. Constitution, not force other countries to uphold and defend the laws of the U.S.
If you are being treated unfairly while doing business somewhere, then I would suggest not doing business there anymore. At least that is the way I make my decisions. As Daisy pointed-out, the cruise lines have already made adjustments to their ships. This is because they seem to realize the consequences of ignoring that segment of the market.
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