ADA Protections to Cruise Ship Passengers?

June 18th, 2010 | Author: admin

As you may recall, I have blogged before about the Americans with Disabilities Act. Typically, not only does the act prohibit discrimination against employee with disabilities, but also requires that certain accommodations be made to those with disabilities in restaurants, buildings, etc.

Well now as of yesterday, the U.S. Department of Transportation has set out Federal regulations for persons with disabilities traveling on boats and ships.

The rule applies to vessels operated by public entities, such as public ferry systems, and vessels operated by private entities, such as cruise ships, a release said.

The rule prohibits vessel operators from charging extra for accessibility-related services, requiring passengers to furnish their own attendants or denying passengers access based on disability.

Vessel operators will be required to provide information about the accessibility of their facilities and services and make someone available to address accessibility concerns, the release said.

The rule will ensure fair treatment for people with disabilities who travel by ship or boat, U.S. Secretary of Transportation Ray LaHood said in the release.

U.S. Department of Justice regulations cover vessels operated by private entities not primarily engaged in the business of transporting people, such as fishing charters and dinner cruise boats.

Have not yet been able to find the content of these new regulations online, but will be interested to see what they say. I don’t expect the cruise ship lines to just take this without legal challenge. See, the cruise ship companies such as Carnival have for years been able to get around complying with U.S. Federal laws because each of their ships are flagged in Panama and the Bahamas which means by international law, the laws of those countries apply on their ships, not those of the United States. So it will be interesting to see how the Federal government will require compliance by foreign flagged vessels, but I will keep you posted on further developments on this issue.

Posted in Accessibility, Americans with Disabilities Act (ADA) | Tags: Accessibility, ADA, Americans with Disabilities Act, Carnival Cruise, Department of Transportation, disabilities

Nellie Coppola

While on a recent Carnival cruise, my husband and I ran into an issue of accommodations for handicapped individuals. My husband is diabetic, and had recent vascular by-pass surgery and needed special medical attention. He was able to walk but needed careful treatment of his injured leg.Therefore, on an excursion to the private island owned by Carnival we rented a cabana and were able to go onshore on the 1st tender (included with the payment). When we left, there was an enomourous line and I asked three employyes to let my husband on the next tender back to the ship because he needed medical attention. I was told to wait.
When I informed Carnival of this treatment they claimed there was a miscommunication and that they do not have to meet federal guide lines for ADA at visiting ports. All I asked for was for my husband to be able to return on the first available tender to the ship ASAP to take his insulin and elevate his painfully swollen leg.
I am a retired teacher (special education and literacy specialist) I speak perfect English – there was no miscommunication on my part. Carnival just wants the American dollars and does not want to comply with American law.
http://www.behrenlaw.com admin

I agree with your statement generally, if you are looking for legal representation or a legal consult I would have to do it with you privately by e-mail or phone. Thanks for reading..
Nellie Coppola

Yes, I would like to speak to someone.I have the letter I sent to Carnival and their email reply. The reply was very condescending and showed total disregard for their passengers. They made the mistake and were totally incompetent in their handling of the situation. These kinds of mistakes hurt people and Carnival should spend a little more time ensuring the safety of their passengers rather than trying to fleece them out of every dollar they can get their hands on.
Please contact me – if I can get some satisfaction on behalf of ADA and my husband I will be very happy to consider a legal action.

Thank you,
Nellie Coppola
http://www.behrenlaw.com admin

You can contact me at scott@behrenlaw.com or fill out my inquiry form on my website http://www.behrenlaw.com. Thanks.
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ADA Protections to Cruise Ship Passengers?