When Common Sense Fails, There's Always the Judiciary

I first noticed reports of the U.S. Supreme Court's ruling regarding the applicability of the ADA to foreign cruise ships operating in U.S. waters in an online version of a June 7 USA Today article, though I'm certain the case enjoyed much wider reporting than that.

A quote from the article, presumably the words of article author Joan Biskupic: The Supreme Court ruled 5-4 Monday that foreign cruise ships sailing in U.S. waters can be sued under a landmark anti-bias law if they discriminate against disabled passengers.

Another quote from the article, attributed to Justice Anthony Kennedy: "To hold that there is no protection for disabled persons who seek to use the amenities of foreign cruise ships would be a harsh and unexpected interpretation of a statute designed to provide broad protection for the disabled,".

The first quote is annoying because it assumes a false premise. The second is an absurdly arrogant assumption that U.S. law blankets the world (while at the same time we feel free to pick and chose among those foreign statutes that are convenient to us.)

The false premise is that not outfitting a cruise ship to accommodate the needs of disabled passengers is discrimination. "Discrimination" is an active, not passive, event. By not doing something one has not discriminated. Not actively seeking out someone or something is completely different from striving to thwart the interests or desires of that thing.

Justice Kennedy's writing assumes that cruise lines who do not retrofit to suit the whims and dictates of ADA are making a considered business decision to alienate the hordes of cripples desperate to cruise but prevented from doing so by the evil and insensitive operators. Never mind that there are accessible cruise accommodations available for those passengers in need. And from where does the boundless arrogance spring that suggests we have the right to impose our laws and values on the world - and no doubt the universe once we get that warp drive perfected - when at the same time we get our collective national panties in a wad when any other country presumes to attempt to impose their laws upon us? Why not demand the locals build a handicap accessible transportation service to the summit of Mt. Everest so that all my share in the breathtaking glory of this natural planetary asset? That would certainly be more "fair" than limiting Everest to those with the physical and financial wherewithal to manage the ascent.

All men are created equal. All have the right to pursue happiness. However, after the point of creation circumstances change. Decisions are made and consequences realized. Not all outcomes are equal, nor is that eventuality anywhere hinted at as a reasonable or indeed even desirable expectation. The pursuit of happiness does not guarantee that all will succeed in that venture. This is life, defined by free will and unexpected results. If one wants predictable, defined outcomes then one should play a computer game. No surprises there.

And definitely no living going on.