Spector V. Norwegian Cruise Line!

Hi Everyone,

As many of you know the courts have ruled one way and then the other
way regarding the applicability of the Americans with Disabilities Act
(ADA) to foreign-flagged cruise ships. The U.S. Supreme Court has
decided to take up the case and make a ruling. I received this press
release from The International Council of Cruise Lines and thought it
may be of interest. If you have missed any of my news' postings, they
are available on my web site.

Best regards,
Ray
LIGHTHOUSE TRAVEL
800-719-9917 or 805-566-3905
http://www.lighthousetravel.com


Cruise Industry & Travel Experts Available for Comment on U.S. Supreme
Court Case, Spector V. Norwegian Cruise Line

ARLINGTON, Va., Feb. 25
The International Council of Cruise Lines (ICCL) announces the
availability of cruise industry and travel experts to comment on the
U.S. Supreme Court's February 28 oral argument in Spector v. Norwegian
Cruise Line (No. 03-1388), a case to determine the applicability of
the Americans with Disabilities Act (ADA) to foreign-flagged cruise
ships.

In filing its Brief of Amicus Curiae, the ICCL examined the myriad of
international laws and regulations that apply to the international
shipping industry and discussed the legal presumption against
extraterritorial application of U.S. laws.

Of the more than 100 foreign cruise ships visiting North America
annually, some routinely embark passengers in U.S. ports, other do so
occasionally, and several only rarely schedule U.S.-based voyages. The
ships vary in size, age, nation of construction and registry. Most are
designed, built, classed, certified and flagged abroad. All are
subject to a stringent and complex array of international shipbuilding
and operational laws.

Nowhere in Title III of the ADA did Congress state or imply that the
statutory scheme was meant to be applied extraterritorially, to
foreign facilities that visit the United States or are visited by
American citizens. The legislative history is likewise devoid of any
such intent or discussion. Absent an expression of Congress' intent,
ignoring the well-established presumption against extraterritorial
application of U.S. laws under these complex circumstances is
unprecedented.

The cruise industry's responsiveness in providing equal, integrated
access to all its guests has generated a substantial and growing
percentage of those traveling with special needs. This is an important
group of travelers to the international cruise industry, and
requirements for accessibility should be harmonized with international
laws regarding safety and access. Extending the reach of the ADA to
other nations and usurping their laws could potentially create legal
barriers to travel.

Experts include:

* J. Michael Crye, President, International Council of Cruise
Lines,
Arlington, VA 703-522-8463 (legal, regulatory and compliance
issues;
ship innovations)

* Terry Dale, President & CEO, Cruise Lines International
Association, NYC
212-921-4711 x701 (marketing to passengers with special needs)

* William Gibbons, Director, Passenger Shipping Association; and
Marketing
Director, European Cruise Council, London
011-44-207-436-2449 (marketing to passengers with special needs,
Europe)

* Andy Vladimir, Professor Emeritus, Florida International
University,
Hospitality & Tourism Management; and co-author of Selling the
Sea,
Coconut Grove, FL 305-667-7612 (Author and specialist on
accessible
travel)

* Susan D. Tanzman, President, Martin's Travel & Tours, Los
Angeles, CA
310-390-7685 (Travel agent specialist on disabled/accessible
travel)
* Susan not available for comment on February 28, 2005

* Robin Conrad, Senior Vice President, National Chamber Litigation
Center,
Washington, D.C.
202-463-5337 (legal, regulatory and compliance issues)

Thus spake Lee Lindquist :

On Fri, 25 Feb 2005 09:47:12 -0800, Ray Goldenberg
wrote:

shipping industry and discussed the legal presumption against
extraterritorial application of U.S. laws.

I'm sure Manny Noreiga will be particularly interested in this part!

I can name at least two dozen more.

Ashcroft has specifically stated that if you smoke a joint on a barge
in Amsterdam, he has the right to go after you.

--
dillon

"When the French are against it, you know we can't
be far wrong." - Adm. Bobbie Ray Inman