Are all cruise ships that dock at U.S. ports subject to the Americans with Disabilities Act (ADA)? Technically, yes. In a landmark civil rights decision in Spector v. Norwegian Cruise Line, the Supreme Court ruled that the ADA applies to foreign-flagged cruise ships that call on U.S. ports. That’s not the end of the story, though.

Access Guidelines in Play
Despite the ruling, cruise ships aren’t required to follow any architectural standards for construction, because, quite frankly, they don’t exist. The U.S. Access Board is working on them; in fact they’ve been working on them for a number of years. They released the first set of proposed guidelines in 2004 and a revised set in 2006. They are still struggling with some issues, so it’s anybody’s guess when the final guidelines will be issued.

To be fair, they have a tough job. After all, they have to take the same ADA Access Guidelines (ADAAG) that apply to land-based accommodations and apply them to ships. In some cases, that’s just not practical. Additionally, they have to take international law and passenger safety into consideration as they draft the guidelines.

What will the final guidelines say? According to Supreme Court Justice Anthony Kennedy, who penned the majority opinion on Spector v. Norwegian Cruise Line, the structural changes will have to be readily achievable. Thomas Goldstein, who argued the plaintiff’s case before the Supreme Court, believes that large-scale physical changes will probably not be required. And most everyone feels the regulations will probably only apply to newly built or newly designed cruise ships.

Price Discrimination
The Department of Transportation (DOT) also produced its own proposed guidelines on procedural issues regarding access, which clearly state price discrimination against people with disabilities will be forbidden. In other words, cruise lines won’t be able to charge disabled passengers more for accessible cabins.

Medical Certification
The DOT also strongly opposes requiring medical certification of disabled passengers, a practice that many cruise lines followed in the past. But even in the absence of any official rules, most of the major cruise lines are moving away from this restrictive policy. Instead, most just request a letter of self-certification if accessible accommodations are needed.

As for the official rules, we’ll just have to wait. For now, in the absence of cruise ship ADAAG, legal issues regarding access will be decided on a case-by-case basis.

Access Features are More Prevalent
On a positive note, most cruise lines have voluntarily incorporated access features into their newer ships, but these access features vary from ship to ship. For example, some ships have modified-accessible cabins that have a step up to the bathroom and no roll-in shower.

In the end, it’s incumbent upon potential passengers to ask a lot of questions about access. Just as in land-based accommodations, one should never just ask for an accessible cabin. Instead ask for a cabin with the specific access features you need. The good news is cruising is still a very accessible vacation choice, even in the absence of any official regulations.

Candy Harrington is the editor of Emerging Horizons and the author of Barrier-Free Travel: A Nuts and Bolts Guide For Wheelers and Slow Walkers. Visit her blog at http://www.BarrierFreeTravels.com for access news, resources and industry updates.

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Need help booking an accessible cruise?  See Choosing an Accessible Cruise to get started.

Want more tips for a cruising vacation? See Tips for Traveling by Cruise Ship.