Page 19: of Maritime Reporter Magazine (November 2005)

November 2005 19

KING-GAGE ®

LevelBAR

Tank Level Indicator

Analog LED column graphically displays tank level as total volume and/or depth. Replaces fluid-filled gages Stainless steel housing Greater reliability • Tank Gauges • Draft Measurement • Air Control Stations • Compressed Air

Filters • USN Service

KING-GAGE

Marine Systems ®

KING-GAGE ®

LevelPRO

Multiple Tank Level Processors

Continuous measurement of multiple ballast and shipboard service tanks. Total volume and/or tank depth Durable corrosion proof housing Digital communications output

KING-GAGE ®

LiquiSeal

Liquid Level Transmitter

Rugged marine liquid level sensor for ballast/cargo/service tanks or draft measurement. Electronic or pneumatic output Proven air purge principle Externally mounted Tank Level

Indication for the

Marine and

Offshore

Oil/Gas

Industries

D-2

Circle 282 on Reader Service CardCircle 257 on Reader Service Card

MOORING WINCHES --

Our CONGRATULATIONS to Sause Brothers on

Sunset Bay in 2004, and repeat order for 2005 barge. Once again an industry leader has chosen

Rapp Hydema

TOWING WINCHES -- recent order for M/V Saturn matches winches supplied to Western Towboat

RESEARCH & SPECIALITY WINCHES --

This hydrographic is but one of several types aboard NOAA’s FRV-40 Oscar Dyson

UMBILICAL WINCHES -- this one aboard Fugro

McLelland’s M/V Bucentaur

Towing, Mooring, Umbilical,

Oceanographic and other Winches

Congratulations to

Oceaneering -- on recent deepwater winches order!

In its June 6, 2005 decision in Spector v. Norwegian Cruise Lines the United

States Supreme Court held by a five-to- four majority that the Americans with

Disabilities Act of 1990 (ADA) applies to foreign-flag cruise ships in United

States waters. An article in the August 2005 edition of Maritime Reporter and

Engineering News discussed the sec- tions of the ADA which the Supreme

Court considered in its decision. This second article will consider the practical effect of the decision on the two

Norwegian Cruise Lines (NCL) vessels in the context of the complaint filed by plaintiffs. In August 2000, several

Houston, Texas residents commenced an action against NCL in the United States

District Court for the Southern District of Texas. In their amended complaint, they describe themselves as "individuals with physical impairments that substan- tially interfere with one or more of their major life activities, including walking."

One utilized an electric scooter and two required wheelchairs for mobility. Two of the plaintiffs, not otherwise physical- ly impaired, claimed discrimination because they "are known to associate with persons with disabilities." The

ADA specifically includes individuals who are "known to have a relationship or association" with disabled persons within the scope of those protected from discrimination. While the complaint was also filed on behalf of "all current and former passengers of NCL cruises who are similarly situated," a determination of whether the action should be certified as a class action has not yet been made.

Since cruise ships are not identified in the ADA, the complaint alleged that the two vessels involved, which regularly sail in and out of Houston embarking and disembarking passengers on their cruise itineraries, are "places of public accommodation and … also house numerous places of public accommoda- tion" and are therefore prohibited from discriminating against the disabled or those who associate with them under

Legal Beat

The Americans with Disabilities Act

The Effect of Spector vs. Norwegian Cruise Lines

William N. France is a senior part- ner of Healy & Baillie, LLP, a New

York law firm with a focus in mar- itime law, as well as a licensed pro- fessional engineer.

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