When the U.S. Supreme Court ruled in June that foreign-flagged cruise ships sailing from U.S. ports must adhere to the Americans With Disabilities Act of 1990 and be accessible to travelers with disabilities, it addressed the basic issue before it. The court, however, could not take up another serious problem that confronts mobility-impaired passengers: shore excursions.
The Supreme Court, in its 5-4 decision, also didn’t specify what changes the cruise lines must make or issue a deadline for changes.
“The [ADA] statute is applicable to foreign ships in United States waters to the same extent that it is applicable to American ships in those waters,” opined Justice Anthony Kennedy for the majority.
The court overturned a federal appeals court ruling in a suit brought against Norwegian Cruise Line by three disabled passengers who contended that ship barriers restricted their access to public parts of the vessel. The plaintiffs also said they were charged extra for handicapped-accessible cabins. The appeals court had ruled that ADA did not apply to foreign ships in U.S. waters, but the Supreme Court disagreed.
Interpreting the ruling, J. Michael Crye, president of the International Council of Cruise Lines, which represents 16 cruise lines that call on U.S. and foreign ports, explained: “Basically the Supreme Court said cruise lines should not discriminate against persons with disabilities in terms of practices and procedures. We agree with that.
“As the ruling relates to structural alterations [to cruise ships], the court gave a mixed opinion,” Crye said in a telephone interview. “The court, citing ADA language, said that only structural modifications that are `readily achievable’ need to be made.
“But then,” Crye continued, “they said they were not going to rule on changes, leaving that for a case-by-case determination. It would have been nice if the court could have given us clearer guidance on what modifications are necessary.”
Cruise ships built since 1990 already have added wheelchair-accessible cabins with wider doorways and no thresholds, as well as roll-in showers with grab bars. In public areas, there are wider elevators, companion unisex restrooms and easier access to deck facilities, such as pools.
Crye noted the ADA mandates that access ramps at land-based facilities should slope no more than 12 degrees. “When you have a big tide shift like you have in Alaska, a gangway is going to change in slope rather substantially. What [cruise lines] want in those types of situations is a performance standard that says the ideal slope is 12 degrees, but in the case where you have a substantial tide change, you can accommodate passengers with special needs by providing an assistant to help the person get up and down the ramp.”
So where does all of this leave people with disabilities who want to take a cruise? While there’s plenty of information available on Web sites such as access-able.com and the Cruise Lines International Association’s Web site, cruising.org, disabled travelers really need to consult a travel agent who specializes in trips for the disabled–someone who knows the ships, the problems and the ports.
Bill Randall, who runs the Access-Able Travel Source from his home in Wheat Ridge, Colo., near Denver, with his wife, a wheelchair user, lauded the Supreme Court ruling. “Making ships accessible is a milestone,” he said.
When it comes to serving disabled individuals, Randall said, “some cruise lines are definitely better than others. Royal Caribbean International is very active in making accessibility a priority. So is Princess Cruises. Holland America still has a long way to go.”
But, Randall said, one problem with taking a cruise is that shore excursions may not be very accessible.
Randall, who launched his Web site in 1995, offered this advice for people with special needs:
– Determine what you want from a cruise.
– Stay on the newer ships because they definitely are more accessible. A rule of thumb: If a ship has only a few–say, six or eight–accessible cabins, the ship is not generally totally accessible.
– Use a travel agent who specializes in special-needs travel.
In addition to listing accessible cabins (and what features they have) on ships, Access-able.com also features travel professionals who can help, plus letters from Web site users (some venting about trips from hell, others reporting on good trips).
Among the travel agencies listed on Randall’s site (as well as on the Rehabilitation Institute of Chicago’s lifecenter.rehabchicago.org) is Flying Wheels Travel in Owatonna, Minn. (flyingwheelstravel.com; 507-451-5005). Barbara Jacobson, who has operated the agency since 1970, said she sends a lot of her clients on cruises.
Of the mass market lines, “we sell Princess, Royal Caribbean and Holland America the most,” Jacobson said. “The problem is not with the accommodations on board, but with the shore excursions. That’s a major problem. The cruise lines are giving business to shore excursion providers. Why can’t they use their clout to get better accessible tours?”
Jacobson said accessibility has improved significantly since the days when ADA was enacted. “People who received their disability after ADA have very high expectations. They’ve never known another world,” she said.
A veteran of some 65 cruises and a wheelchair user since she was 20, Debra Briscoe operates Easy Access Travel in Riverside, Calif. (easyaccesstravel.com; 800-920-8989). Briscoe, a pragmatist, said she takes issue with groups that say every single thing has to be accessible. “Not everything fits the needs of everybody regardless of their situation.
“I try to sell my clients on the newer ships,” Briscoe said, noting that her gut instinct is not to sell the older ships that are retrofitted. “They can’t retrofit the whole ship.”
Echoing Jacobson, Briscoe said she also sends most of her clients on Royal Caribbean, Princess and Holland America, as well as Radisson and Crystal on the high end. Royal Caribbean and Princess, Briscoe said, are very attuned to people with special needs.
Briscoe said cruise lines are “very, very aware that shore excursions are a major issue. There are enough ships that are beautifully accessible. There are lots of things that are right, but every time one problem gets solved, everyone wants the next problem solved. Europe, for example, is a tough destination, but it’s getting better every year. People can do so much more than they could 10 years ago.”
———-
aborcover@aol.com
