b'LEGISLATIVE REPORTLEGISLATIVE Accessibility Issues andPassenger VesselsED WELCH // PVA LEGISLATIVE DIRECTORP assengervesseloperatorsroutinelyservepublic? The unequivocal answer is, Yes! Incarried out without much difficulty or expense). customers with disabilitiespersons withthe 2005 U.S. Supreme Court decision in Spec- This requirement is found in section 12182(b)mobilityimpairmentswhousewheelchairs,tor v. Norwegian Cruise Line Ltd., the justices(2)(A)(iv) of Title 46 United States Code. This individuals who are deaf or hard of hearing,considered whether the ADA applied to a for- mandate is somewhat subjective and must be passengers who are blind. A challenge in meet- eign-flagged cruise vessel that sails in U.S. wa- evaluated on a case-by-case basis. For example, ing their guests needs is understanding legalters or picks up passengers at American ports.it may be relatively easy and inexpensive for a obligations established by the Americans withThe majority ruled that it does, saying Thevessel operator to deploy temporarily a remov-Disabilities Act (ADA). statute is applicable to foreign ships in Unitedable ramp to enable a wheelchair user to proceed States waters to the same extent as it is appli- over a U.S. Coast Guard-required threshold sep-The ADA has been on the books for more thancable to American ships in those waters. Thisarating the interior space from the exterior deck. two decades. Signed into law in 1989 by Pres- leaves no doubt that U.S. passenger vessels areOn the other hand, making significant structur-ident George H. W. Bush and championed bycovered by the law. al changes to widen a door frame to an interior both Republican and Democratic lawmakers,bathroom to accommodate a wheelchair may the ADA is a civil rights law. It confers specialDeciding that the ADA applies to the operatorbe both difficult and expensive. A project that protection on persons with disabilities, just asof a passenger vessels is only the first step. Ofmight be difficult and expensive for the operator other civil rights statutes protect racial minori- more practical consequence is the question ofof a single small passenger vessel (and therefore ties. Its basic premise is that governments andwhat exactly does the ADA require that oper- not required by the statute) might be required businesses must not discriminate against per- ator to do? for the operator of a fleet of large cruise ships, sons with disabilities. In addition, the statutewho may have far more financial resources.establishes an affirmative duty to take steps toTHE ONGOING DUTY TOaccommodate such persons. REMOVE PHYSICAL BARRIERS FEDERAL RULESThe statute obliges a public accommodation or aGOVERNING CONSTRUCTIONEvery so often, the Passenger Vessel Associationtransportation entity to remove physical barriersOF PASSENGER VESSELSis asked, Does the ADA apply to the operatorthat impede access if removal is readily achiev- A small federal agency known as the Access of a passenger vessel that serves members of theable(thatis,canbeeasilyaccomplishedandBoard develops standards for how buildings and other accommodations should be designed andconstructedtoenhanceaccessibilityfor persons with disabilities. These are the ADA AccessibilityGuidelines(ADAAG).How-ever, as currently in force, and to the surprise of many people, the ADAAG do not apply to passenger vessels.More than nine years ago, the Access Board publisheddraftconstructionguidelinesto apply to a newly-constructed large passenger vessel (that is, a ferry that can carry more than 99 passengers, a passenger vessel with overnight accommodations for more than 49 passengers, or any other passenger vessel authorized to carry 150 or more passengers). These can be viewed here. However, the draft guidelines have not yet been made final. When they are finalized, they are likely to apply only to a vessel for which construction begins after a specified date. They will not apply to an existing vessel, except to the extent that the owner voluntarily chooses to makes subsequent structural changes and then only to that part of the vessel being worked on. PVA recommends that a person designing or building a new passenger vessel become famil-FOGHORN 24'