Page:Lozman v. City of Riviera Beach (2013).pdf/2

2 place to another, must be applied in a practical way. Stewart v. Dutra Constr. Co., 543 U. S. 481, 496. Consequently, a structure does not fall within the scope of the statutory phrase unless a reasonable observer, looking to the home’s physical characteristics and activities, would consider it designed to a practical degree for carrying people or things over water. .

(d) Several important arguments made by the City and its amici are unavailing. They argue that a purpose-based test may introduce a subjective element into “vessel” determinations. But the Court has