Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
No. 11–626
FANE LOZMAN, PETITIONER v. THE CITY OF RIVIERA BEACH, FLORIDA
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
[January 15, 2013]
Justice Breyer delivered the opinion of the Court.
The Rules of Construction Act defines a “vessel” as including “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” 1 U. S. C. §3. The question before us is whether petitioner’s floating home (which is not self-propelled) falls within the terms of that definition.
In answering that question we focus primarily upon the phrase “capable of being used.” This term encompasses “practical” possibilities, not “merely ... theoretical” ones. Stewart v. Dutra Constr. Co., 543 U. S. 481, 496 (2005). We believe that a reasonable observer, looking to the home’s physical characteristics and activities, would not consider it to be designed to any practical degree for carrying people or things on water. And we consequently conclude that the floating home is not a “vessel.”
I
In 2002 Fane Lozman, petitioner, bought a 60-foot by 12-foot floating home. App. 37, 71. The home consisted of a house-like plywood structure with French doors on three sides. Id., at 38, 44. It contained a sitting room, bedroom,
