Court Says Disabilities Law Applies to Cruises

A federal appeals court has ruled that cruise ships registered abroad are required to accommodate disabled passengers under the Americans With Disabilities Act.

“I am so excited--you have no idea,” said Tammy Stevens, a Jacksonville, Fla., woman who sued Premier Cruises after she said she was handed a bucket to replace the cabin toilet that she couldn’t reach in her wheelchair. The U.S. Justice Department took the unusual step of arguing the appeal in support of Stevens.

But Premier attorney Gary Davidson said the ruling improperly “stretched the reach of the ADA,” which aims to improve access to transportation, lodging and other “public accommodations” for people with disabilities.

At press time Wednesday, the company was still deciding whether to appeal. Davidson believes the ruling is unprecedented; in previous cases, cruise lines had prevailed, he said. He added that the family of a child with disabilities, who was on the same ship as Stevens, had written Premier to praise its handling of disabled travelers.

The ruling by the 11th U.S. Circuit Court of Appeals in Atlanta reversed a lower court that had dismissed Stevens’ suit. Cruise-line lobbyists have long contended that foreign-flagged ships are exempt from the 1990 law. But the three-judge appeal panel said that although foreign-flag rules exempt cruise ships from some U.S. laws, the ADA is not one of them.

“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.