b'iar with these draft guidelines and incorporateSome states (for example, California) have theirpartment of Justice successfully sues a violator, them into the new-build if it is financially andown statutes which may differ in some respects.the court may assess fines.technically feasible to do so. New York City has its own municipal law that applies construction standards to certain vessels. ThehottestADAissuenationwidethese FEDERAL RULES REGARDING days has to do with web sites. There are codes SERVICES TO PERSONS The ADA enables a private plaintiff to go tothat can be incorporated into web sites to make ON PASSENGER VESSELS court to allege that a public accommodationthem more accessible to persons with sight or In contrast to the lack of a final rule as tohas violated its legal duty not to discriminate.hearingdisabilities.However,theADAwas how passenger vessels must be constructed toIf the plaintiff is successful in proving its case,enacted well before the days of the internet, so enhance accessibility, there exist two federalthecourtwillorderthedefendanttocomeit doesnt mention web sites at all. Courts have rules that address how a vessel operator mustintocompliance.Itwillnotawardfinancialstruggled with the question of the extent web provideservicestopassengervessels.Theydamages (however, it may allow an award forsites must be made accessible, but have come to have been on the books for well over a de- the plaintiffs attorney fees). But if the U.S. De- various conclusions.cade. One rule issued by the U.S. Department of Transportation (DOT) covers a vessel that engages in transportation of passengers (that is, embarking a passenger at point A, carrying that person to point B, and disembarking him or her there). Thus, the DOT rule covers fer-ries, water taxis, and cruise ships. It is found beginning at section 39.1 of title 46 Code of Federal Regulations. Does the ADAapply to the operator of a passenger vessel that serves membersof the public?The unequivocal answer is, Yes!The U.S. Department of Justice (DOJ) rule addresses the broader category of public ac-commodations,whichincludesothertypes of passenger vessels that pick up passengers at point A, sail around, and return them to the same point A. Thus, the DOJ rule covers din-nercruise,sightseeing,andwhale-watching vessels. The DOJ rules begin at section 36.101 of title 28 Code of Federal Regulations. The DOT and DOJ rules apply to all passen-ger vessels, regardless of how many passengers theyareauthorizedtocarry.Therulesare similar but not identical. Some of the items addressed include: ticket pricing, service ani-mals, communications with persons who are deaf or hard of hearing, and wheelchairs and other mobility devices.ADDITIONAL ISSUESThediscussionabovepertainstothefederal Americans with Disabilities Act. But the ADA does not preempt the field in accessibility law. 25 JUNE 2022'