Disability World
A bimonthly web-zine of international disability news and views, Issue no. 7 March-April 2001


Access & Technology/briefly:

U.S. Court Rules Cruise Ships Covered by ADA

Cruise ships registered abroad must comply with the Americans with Disabilities Act, a federal appeals court ruled on June 26. Foreign-flag rules exempt cruise ships from some U.S. laws, but the anti-discrimination law is not one of them, the ruling said. All but one of the world's cruise ship companies are registered abroad. ``I am so excited you have no idea,'' said Tammy Stevens, a paralyzed Jacksonville woman who sued Premier Cruises after she was handed a bucket to replace the cabin toilet that she couldn't reach in her wheelchair.

An appeals court in Atlanta reinstated her case Thursday and allowed her to amend her complaint to meet a technical requirement of ADA lawsuits. The Justice Department took the unusual step of arguing the appeal in support of Stevens. ``Hopefully, this will send a message to the industry that they should comply if they had any doubt,'' said Liz Savage, a Justice Department spokeswoman.

The cruise industry hoped to avoid a blanket decision dictating compliance with the law. It prefers a voluntary approach until the Transportation Department writes a set of rules for ships.

Gary Davidson, the attorney for Premier, said Friday that the decision improperly ``stretched the reach of the ADA. This is a remarkable decision. Premier believes the court of appeals has gone too far.''

Premier will review the decision and consult with other cruise line companies before deciding whether to appeal, Davidson said. ``It clearly has ramifications for all of the cruise ships,'' said Nancy Wheatley, senior vice president of safety and environment with Royal Caribbean Cruises Ltd., which operates 18 Royal Caribbean and Celebrity ships.

Cruise lines, which carry about 5 million passengers a year, have marketed trips to the disabled for years and designed new ships to allow wheelchair access.

Royal Caribbean carries passengers in wheelchairs, with vision and hearing problems and on dialysis, but ``we haven't reviewed our ships against the precise requirements of the ADA,'' Wheatley said.
 



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