But on February 28, 2005, the Supreme Court heard arguments in Spector's case against the cruise line, deciding whether foreign-flagged cruise ships are subject to U.S. anti-discrimination laws.

Spector, 45, who has used a motorized scooter since the removal of a spinal tumor seven years ago left him unable to walk, said even though he and his wife paid extra for a handicapped-accessible cabin, the cabin's restroom was too small and had a foot-high step into the cabin's bathroom and a 6-inch step up to the shower.

"One foot is about a mountain when you're in a scooter or wheelchair," said Spector, who was also unable to access the ship's main bathrooms, some of the ship's facilities, all of the excursions and some ports of call. "It becomes one long, five-day, frustrating boat ride."

Alleging violation of Title III of the Americans with Disabilities Act, which bans discrimination against the disabled in "any place of public accommodation," Spector and four others filed a class action suit against the Malaysian-owned cruise line, whose ships sail under the Bahamian flag.

A federal court in Texas found in their favor, ruling that Title III applies to foreign ships in U.S. territorial waters, but the 5th U.S. Circuit Court of Appeals reversed the decision, citing lack of evidence that Congress intended the law to apply to foreign facilities. If the Supreme Court denies plaintiffs’ appeal, the 5th Circuit decision will stand and the case will be dismissed.