In any event, it looks like the cost of a cruise is about go up. Ships of foreign cruise lines now need to be fully accessible to the handicapped.
Maimi Herald, 06-06-05Court extends disabled rights
A Supreme Court ruling Monday gave disabled cruise ship passengers new rights, saying U.S. laws apply to foreign-flagged ships.BY GREGG FIELDS
[email protected]In a decision hailed by advocates of the disabled, the Supreme Court on Monday ruled the Americans with Disabilities Act applies to all cruise ships plying U.S. waters, regardless of the country where the ship is flagged.
The 5-4 decision came in a case brought against Miami-based Norwegian Cruise Lines.
''The statute is applicable to foreign ships in the United States waters to the same extent that it is applicable to American ships in those waters,'' Justice Anthony Kennedy wrote for the majority.
The ruling sent the case back to a lower court to determine what cruise lines must do in order to comply with the ADA.
The case was brought by three passengers of Norwegian who, in 1998 and 1999, paid premiums for accessible cabins and crew assistance on cruises out of Houston.
But their lawsuit, filed in 2000, contended that the ship's restaurants, elevators and other facilities violated the ADA.
Miami-based Norwegian contended that only an explicit statement of Congress can justify imposing the ADA on a ship operating under the flag of another country. The ADA doesn't specifically address the subject.
''With this decision the Supreme Court has told the cruise lines that we are entitled to what every other passenger receives -- access to emergency equipment and the full range of public facilities,'' said Douglas Spector, the lead plaintiff.
Somewhat surprisingly, Norwegian also hailed the decision, saying it would help clarify regulatory issues. In their ruling, the justices also said ADA guidelines can't conflict with international safety regulations.
''This decision provides much-needed guidance to the cruise industry, and prevents the ADA from being applied in ways in which it was never intended to be applied,'' Norwegian said in a prepared statement.
NCL said the issue wasn't about disabled access but, rather, clarity of regulation. ''NCL is committed to ensuring access for passengers with special needs and has worked to maximize accessibility on board all of its ships,'' the statement said.
The ruling also drew the support of the International Council of Cruise Lines, a powerful trade association.
'While ruling that Title III of the ADA is applicable to foreign ships in U.S. waters, the court also decided that any structural alterations under the ADA must be `readily achievable,' not conflict with international safety requirements, nor interfere with the internal operation of the ship,'' the ICCL said.
For Matthew Dietz, a Coral Gables attorney who has successfully litigated a number of disability-related lawsuits against cruise lines, the ruling means added legal rights for disabled travelers.
''I'm walking on air,'' he said. ``I have several cases that I wanted to wait on until the Supreme Court decided.''
Dietz said which country a ship is registered in ''is always an issue.'' In recent years, however, such cases as those involving offshore pollution were successfully prosecuted in U.S. courts against ships flagged in other countries.
Monday's decision expands that umbrella of U.S. laws further, he said.
''I believe [Norwegian] wanted to put its foot down out of fears that other U.S. laws, like tax laws, would apply'' to them in the future, Dietz said.
Dietz said cruise operators have moved to accommodate disabled travelers in recent years.
Royal Caribbean, for instance, has staterooms available with 32-inch wide doors that accommodate wheelchairs, five feet of turning radius and Braille on menus, cabin doors and elevators.
In 2001, in a separate case, Norwegian agreed to allow people with visual impairments to travel on its ships under the same terms and conditions as other passengers, settling a lawsuit brought by the U.S. Justice Department.
Also that year, Carnival agreed to make substantial changes to its fleet to settle a class-action lawsuit filed in Miami by an organization called Access Now.
Tim Gallagher, a spokesman for the company, said ``it's been very positive, very successful, for us.''
Although it's ''not as easy going back to existing ships'' for reconfiguring space, the company has also hired consultants so that new ships have the disabled specifically in mind in their original design, he said.