Lex Frieden, Chairperson
February 2005

The Bulletin, which is free of charge and at NCD’s award-winning Web site (www.ncd.gov), brings you the latest issues and news affecting people with disabilities. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov)

Supreme Court Hears ADA Cruise Ship Case

On February 28, the U.S. Supreme Court heard oral arguments in Spector v. Norwegian Cruise Line Ltd. (No. 03-1388), a case that will determine whether foreign-flagged cruise ships serving U.S. ports must comply with the public accommodations provisions contained in Title III of the Americans with Disabilities Act (ADA).

On February 8, NCD published a paper examining the Spector case in detail and concluded that the plain and expansive language of Title III evidences a congressional intent to require cruise ships to comply with Title III. Cruise ship owners and operators claim that they and their ships are exempt from ADA because all of their ships are, with few exceptions, foreign-flagged, and, historically under international law, a seagoing vessel need only comply with the laws of the flagging nation when it comes to the regulation of a ship’s internal operations. The paper explains that compliance with Title III would not impinge on the internal management prerogatives of cruise lines or conflict with the United States’ obligations under international law. Moreover, the contemporary practice of flying what is known as a “flag of convenience” is simply a business decision that only marginally implicates the sovereign interests of the flagging nation. In stark contrast, however, the United States has a significant interest in ending invidious discrimination against persons with disabilities by cruise lines—particularly when cruise lines are headquartered in the United States, base their ships in U.S. ports, draw their clientele almost exclusively from the United States, and advertise and solicit most of their passengers in the United States. In passing ADA, Congress sought to guarantee “full participation” by persons with disabilities in all aspects of American life. The Supreme Court has an opportunity in Spector to give force and effect to Congress’ unequivocal intent by refusing to exempt foreign-flagged cruise ships from Title III of ADA. To do otherwise would place the Court’s imprimatur upon the discriminatory practices of inaccessible cruise lines and write segregation on the basis of disability into American law.

NCD to Conduct Civil Rights Forum

NCD and the American Association of People with Disabilities, with generous support from the Leadership Conference on Civil Rights and AARP, will conduct an invitation only, one-day policy forum that will bring together leading civil rights advocates and leading disability advocates. The forum, which will be hosted at AARP’s headquarters in Washington, DC, will run from 8:30 a.m. to 4 p.m. on Tuesday, March 29.

The forum offers a unique opportunity to explore common policy priorities in the areas of educational excellence and equity, creating and rewarding diversity-friendly workplaces, and restoring civil rights legislation in the wake of a number of narrowing decisions from the U.S. Supreme Court.

The goal of this forum is greater collaboration and more regular communication among disability advocates and the broader civil rights coalition on issues that surface during the forum as having a priority.

NCD Helps Plan National Transition Conference

NCD is assisting the U.S. Department of Education, Rehabilitation Services Administration in planning a national transition conference June 16–17, 2005, at the Capital Hilton, 1001 16th St., NW, Washington, DC. Titled “From Roots to Wings: Guiding Youth with Disabilities to Employment,” the conference will bring together practitioners and administrators/policymakers to discuss and learn about the latest trends and developments in serving youth in transition. For more information, contact Melodie Johnson at 202-245-7392.

International Update

On March 30, the Library of Congress is sponsoring a spring workshop in foreign and international law that will focus on the forthcoming UN Convention on the Human Rights of People with Disabilities. Go to the Foreign and International Law Special Interest Section’s page at http://www.llsdc.org/sis/forint/index.html for registration information when it becomes available. For further information, write or call Malo Bernal at 202-707-9866 or mber@loc.gov.

Also go to http://www.ncd.gov/newsroom/publications/2004/unadhoc.htm for NCD’s most recent update on the convention.

NCD Events and 15th ADA Anniversary
Quarterly Meeting

On July 25 and 27, from 9:00 a.m. until 5:00 p.m., NCD will conduct its summer quarterly meeting at the Ritz-Carlton Pentagon City, 1250 South Hayes Street, Arlington, VA.

Reception
On July 25, from 6:00 p.m. to 10:00 p.m., NCD will celebrate the 15th anniversary of the landmark Americans with Disabilities Act (ADA), a law it originally conceived and drafted, at an invitation-only reception at the Kennedy Center for the Performing Arts.

ADA Seminar
On July 26, from 9:00 a.m. to 1:00 p.m., NCD will conduct an ADA seminar that will be open to the public. The venue for the seminar has not yet been selected.

Federal agencies participating in the planning of the seminar include the Access Board; the Departments of Education, Health and Human Services, Housing and Urban Development, Interior, Justice, Labor, and Transportation; the Equal Employment Opportunity Commission; the Federal Communications Commission; the Social Security Administration; and the Ticket to Work and Work Incentives and Advisory Panel.

Legislative Update
MiCASSA

On February 16, the Medicaid Community-Based Attendant Services and Supports Act (MiCASSA) (S. 401) of 2005 was reintroduced in the U.S. Senate. The bill amends Title XIX of the Social Security Act to provide people with disabilities and older Americans equal access to community-based attendant services and supports.

Specifically, MiCASSA gives people who are currently eligible for nursing home services and institutional facilities equal access to community-based attendant services and supports, and establishes a demonstration project to evaluate service coordination and cost sharing approaches for those eligible for both Medicaid and Medicare. The legislation also provides additional funding to states to help them reform their long-term care systems and increase the provision of home- and community-based services.

S. 401 was referred to the Senate Committee on Finance.

Genetic Information Nondiscrimination Act
On February 17, the U.S. Senate unanimously passed the Genetic Information Nondiscrimination Act of 2005 (S. 306), which establishes protections against genetic discrimination with respect to health insurance and employment. The bill prohibits employers from using genetic information in employment decisions and insurance companies from denying coverage or basing premium rates on genetic information. The legislation also prohibits a group health plan or an issuer of a health insurance group health plan from “requesting or requiring” an individual or family member to undergo a genetic test.  In addition, S. 306 establishes privacy protections for genetic information held by employers, employment agencies, labor organizations, and others.