What is the real effect of the NCL Consent Decree
Last week the US Justice Department sought the federal court's approval of a consent decree with Norwegian Cruise Line (NCL) to resolve a lawsuit under the Americans with Disabilities Act (ADA) on behalf of individuals who are deaf or hard of hearing, and individuals who use wheelchairs, who took NCL cruises of the Hawaiian Islands. Under the proposed consent decree, NCL will ensure that individuals who are deaf or hard of hearing get the auxiliary aids and services they need, such as a sign language interpreter or a written transcript of the emergency drill, to fully participate in the activities on the ship and in the shore excursions. NCL will also ensure that individuals who use wheelchairs get accessible bus transportation between the airport, cruise ship and hotels, and on shore excursions. In addition, NCL will pay $100,000 in damages to nine individuals with disabilities and will also pay $40,000 in civil penalties to the United States.
For years the cruise industry has maintained that the rules of the ADA only apply to shore side infrastructure and that a cruise is not a "public transport" facility. The industry has been guided by the rules of the high seas which dictate the safety rules for passengers.
Does this decree set a new precedent or has been it been made because of a unique set of circumstances. The case concerned involved an Hawaiian coastal cruise and there fore conducted entirely in US territorial waters. International rules did not come into play and hence the US Department of Justice had full jurisdiction.
I will cast your minds back to correspondence we received from the Yachts of Seabourn as recently as January of this year.
Second Response:
Hello Bill
We have received the followin response from Seabourn Miami Office
If you are referencing the Seabourn Legend's 25Mar10 voyage, here is the info you have requested.
1. Guests may access the dining venues by wheelchair.
2. If you are referencing the elevators midship, as there are no elevators forward, yes, guest in wheelchairs can be accommodated. I will give you the dimensions of these elevators, so the family will know what size wheelchair will fit.
3. No restrooms in the public areas have the ability for roll in. We do have ramps available in these instances.
4. ADA requirements are established for shore side operations. (our emphasis) Cruise lines over the years have complied with these regulations in an effort to assist guest with mobility issues. Yes St Thomas is a US territory as would be Ft Lauderdale. However, a gangway is in operation in St Thomas, and as such the guest will need to embark the vessel with the assistance of an able bodied companion or of our staff. Unfortunately, our staff will not be able to carry the individual on the gangway.
Please find below the dimensions of the elevators on the Seabourn Yachts Pride, Spirit and Legend
Forward elevator entrance size is 75 cm and the inside is 78 x 110 cm, however, the floor button panel is taking a bit of the space inside and one side is only 66 cm.
The two aft elevators entrances are 78 cm, while the insides are 1 m x 125 cm.
Please advise if we can assist further.
Kind regards Roslyn
The Yachts of SeabournCarnival Australia15 Mount Street, North Sydney NSW 2060 p: 13 24 02 | f: +61 2 842 9198
First Response
From: "Miami Guest Services Mailbox" <gueser@seabourn.com> Date: 12 January 2010 10:42:00 AM AEDT Subject: Re: Seabourn >> Website >> Contact Us
Thank you for your e mail, I have attached our mobility information to review with the guest. You will read that guests do need to have ability to walk on board the ship, (again our emphasis) entry to the ship is via stepped gangway, and to step into and out of tenders . (our emphasis)best regards
Original Information Request:I am from Harvey World Travel Dandenong and out specialist accessible arm Travability. I have a client interested in the Mar 25, 2010 7 Day Caribbean Gems to Fort Lauderdale on the Sea Legend. One of those clients is totally dependant on a manual wheelchair for mobility and has no ability to walk. I have studied the deck plans and see that there are four accessible cabins on the ship Two A1 category numbers 134 and 136 and two A2 Category 232 and 234. I have the following questions:1. First of course is their availability for the 25 Mar cruise for one double cabin.2. What are the facilities in the cabins especially the bathroom. Do they contain roll in showers? 3. All four cabins seem adjacent to the rear two elevators which appear to give access to levels deck 3 thru 7. Only the front elevator appears to access deck 8 can you confirm that is the case. All dinning areas appear to have level floors and are accessible for a person in a wheelchair, can you confirm that is the case. 4. The front elevator appears to be accessible from any deck via the central corridor, is that corridor wide enough to accommodate a wheelchair?5. Are any of the restrooms in the public areas of the ship wheelchair accessible?6. Can you advise the loading procedure in St Thomas. Is the boat docked for that voyage and can the gangways be negotiated with assistance. I also note St Thomas is a busy Port and that ships are sometimes required to anchor away from the dock with tender boarding. Can you accommodate a wheelchair passenger in such circumstances.
Kind Regards,
Bill ForresterOwner Harvey World Travel Dandenong
Founder Travability
From Seabourn's view at least the ADA and US jurisdiction ends with the dockside infrastructure on cruises into international waters. Most cruises these days are round trips from a base port whether they are domestic coastal cruises or cruises into international waters. It would seem logical to assume that the control would therefore rest with the country from which the cruise departs and returns. Internationally to date those countries have been reluctant to impose those accessibility standards on the cruise industry and it has been taken to the absurdity with the River Cruising industry on the waterways of Europe hiding behind the same rules and accessibility exemptions.
The NCL agreement hopefully marks a change of attitude by the United States regulators to start controlling the industry by control over the ports of departure from which they operate and not just a resolution that was possible because the cruise was domestic and not international. It really is time for the governments of all countries to ensure that their legislated human rights and anti discrimination legislation is adhered to by all cruise lines accessing their ports including the waterways of Europe. Accessibility legislation should not stop at the dockside infrastructure