Supreme Court Rules Against NCL, Enforcing Americans with Disabilities Act
In a 6 to 3 ruling on Monday, June 6, the Supreme Court of the United States held that Title III of the Americans with Disabilities Act (ADA) should apply to foreign-flagged cruise ships.
The case, Spector v. Norwegian Cruise Lines, was brought by two wheelchair users from Houston, Texas, who sailed aboard NCL's Norwegian Star and Norwegian Sea in 1998 and 1999. Their complaint alleged that NCL charged disabled passengers higher fares, maintained evacuation programs and equipment in locations that were not accessible to them, and required them to pay special surcharges, waive any potential medical liability and travel with a fully-mobile companion. In addition, barriers to full accessibility were noted, including the fact that most cabins are not wheelchair-accessible and that many doors have coamings (raised lips at floor level) that impede wheelchair access.
The plaintiffs won their initial Texas case, but that decision was reversed by the Fifth Circuit Court of Appeals in New Orleans, who held that U.S. laws do not apply to foreign-flagged ships absent a specific ruling by Congress. Like almost all cruise ships, Norwegian Star and Sea are registered abroad (in this case, in Bermuda), even though the company's operations are primarily American. Such arrangements, usually referred to as "flags of convenience," allow the ships to operate under the laws on their official flag state, rather than following U.S. standards.
The Supreme Court decision reverses the Fifth Circuit's reversal, ruling that the ADA is applicable to foreign-flagged ships operating in U.S. waters, except where such an application "regulates a vessel's internal affairs." Thus, it's unclear to what extent cruise lines will now be expected to comply with the ADA. In his majority opinion, Justice Anthony Kennedy sidestepped the plaintiff's allegations that NCL failed to make reasonable modifications in policies, practices, and procedures to accommodate wheelchair passengers. The truth of these assertions, writes Kennedy, "is not conceded," though, "none of these alleged Title III violations implicate any requirement that would interfere with the internal affairs and management" of the vessels in question.
The opinion gives more attention to the question of physical barriers aboard ship, with Kennedy writing that, "Title III requirements that might impose permanent and substantial changes to a ship's architecture and design, are, like all of Title III's requirements, subject to the statute's own specific limitations and qualifications . . . [which require] barrier removal if it is 'readily achievable.' The statute defines that term as 'easily accomplishable and able to be carried out without much difficulty or expense.' . . . Furthermore, Title III directs that the 'readily achievable' determination take into account 'the impact . . . upon the operation of the facility.'"
Kennedy also dealt with the issue of general ship safety, noting that "a barrier removal requirement under Title III that would bring a vessel into noncompliance with the International Convention for the Safety of Life at Sea (SOLAS) or any other international legal obligation, would create serious difficulties for the vessel and would have a substantial impact on its operation, and thus would not be 'readily achievable.'"
SOLAS is a comprehensive international convention covering all aspects of ship design and operations as they relate to issues of safety.
What the new ruling will ultimately mean for the cruise industry is uncertain, though there is speculation that it may open the door to litigation on other industry practices that have been shielded by ships' foreign-flag status.
Cut Here, Please: Royal Caribbean Adds New Belly to Enchantment of the Seas
Reviving a practice that was common in the cruise industry ten years ago, Royal Caribbean (tel. 800-327-6700; www.royalcaribbean.com) is busy performing surgery on Enchantment of the Seas, cutting the vessel in half and welding it back together with a new 73-foot midsection, containing new cabins, public rooms, and pool-deck features.
The line teamed with two European shipyards to stretch the eight-year-old vessel. Finland's Aker Finnyards, which built the ship, was given overall responsibility for designing, building, and installing the mid-body section. Keppel Verolme of Rotterdam, Netherlands, was given responsibility for splitting the ship in two and reassembling it with the new addition in place.
Splitting the ship took six days, as workers cut through some 2,000 feet of steel using torches and circular saws. Once severed, the 11,315-ton bow section was moved forward using skids and hydraulic jacks guided by a laser alignment system. The 2,939-ton mid-body was then inserted and pushed back toward the ship's aft section, after which the bow was guided into place. Workers are currently in the midst of the two-week job of welding the whole thing back together and reattaching nearly 1,300 individual cables, pipes, and ducts.
Following completion and an extensive round of inspection, Enchantment of the Seas will undergo sea trials in preparation for an expected return to service on July 7, 2005.
The lengthened ship will have 151 new staterooms and a number of new topside amenities, including an interactive water park, the first bungee trampolines at sea, a pair of suspension bridges overlooking the pool deck, and an exercise course incorporating four fitness stops along the jogging track. Added inside venues include Boleros, a Latin-themed lounge; Chops Grille, a specialty steakhouse restaurant; and Latte'tudes coffee and ice cream shop.
Enchantment of the Seas will sail a series of New England/Canada cruises this summer, sailing from Cape Liberty Cruise Port (Bayonne, N.J.), Philadelphia, and Boston. In October she returns to Fort Lauderdale to resume 4- and 5-night Caribbean itineraries.
Celebrity Plans Extensive Overhaul of 1995's Century
Taking a page from the playbook of parent company Royal Caribbean, Celebrity Cruises (tel. 800/437-3111; www.celebrity.com) is planning to give the 70,606-ton Century a $55-million makeover beginning in April 2006, bringing the ten-year-old vessel into the new, well, you know.
The process, which will be completed during drydock from April 28 through June 1, 2006, will significantly modernize the vessel, which was on the cusp of new when launched but has since fallen behind industry trends. New additions will include:
- 314 new verandas added to existing staterooms, to bring the vessel's veranda count to 393, or something more than a third of its total accommodations
- Fourteen new Sky Suites, each suite offering 24-hour butler service
- A new specialty restaurant along the order of those on Celebrity's Millennium-class ships, which are among the best at sea
- New casual-dining options, including a sushi cafe, a made-to-order pasta-and-pizza bar, and a small ice cream parlor
- A Spa Cafe, offering light, healthy spa cuisine for breakfast, lunch, and dinner
- A new martini bar offering a menu of more than thirty formulae
- A new aft bandstand and bar with tapas carts, designed for romantic sunset sailaways
- An expanded Internet center
- An expanded children's center, plus a new teen center
- An expanded spa
- A dedicated home for Celebrity's "Acupuncture at Sea" program, offering guests acupuncture treatments, therapies, and enrichment lectures by licensed doctors of Oriental medicine
The line has begun a bidding process to select the shipyard where the work will be performed. Once done, the new Century will sail a series of 12-night Baltic and 10- and 11-night Mediterranean sailings (with prices starting at $1,600 in the Baltic and $1,500 in the Med), a 13-night "Best of Europe" voyage (prices starting at $2,000), and a 7-night Norwegian Fjords cruise (from $1,100). Beginning in November 2006, the ship will sail four- and five-night round-trip Caribbean cruises from Miami, with fares starting at $330 per person (4-night) and $340 per person (5-night).
Kusadasi Opens New Cruise Terminal
Located on Turkey's Aegean coast, Kusadasi is the country's second largest cruise port (after Istanbul), offering easy access to the ancient city of Ephesus, just 15 minutes away. Since it opened in 1968, the Port of Kusadasi has been a regular stop on eastern Mediterranean cruise itineraries, but now it can do so a bit more comfortably with a new terminal building, part of a multi-million dollar improvement and enlargement project. Opened on April 1, the modern glass-and-sandstone structure is distinguished by soaring interior spaces and (you expected anything less?) a selection of duty-free shopping. Two additional structures still in the works will house a retail and entertainment complex, while a planned lengthening of the facility's two piers will help it accommodate today's super-sized ships.
Princess News: New Contest & a New (Old) Ship
Recently, Princess Cruises (tel. 800-PRINCESS; www.princess.com) commissioned market research on the need of the average U.S. adult to "escape." Topics covered ranged from ways people escape stress in their daily lives to the situations from which people most often want to escape and a poll of who needs to escape the most. Some results:
- When asked to rank the top-three people in their lives who most need a vacation, 79% of U.S. adults placed themselves among the top three, while only 58% placed their spouse/partner there.
- Nursing (55%), teaching (44%), homemaking (43%), and waiting tables (39%) won honors as the top-four most overworked professions. Only 2% ranked politicians among the top-three most overworked professions.
- More U.S. adults ranked "neighbors" (40%) among the top-three people in their lives from which they most need to escape, surpassing bosses (34%) and immediate family members (spouse/partner 32%; child/children 31%).
- People talking too loudly on cell phones in public places was cited as a major annoyance by 58% of respondents.
- Women are ten times more likely than men to escape from stress in their daily lives by organizing their closets (11% to 1%).
- Women are more likely than men to most want to escape people who eat with their mouths open (46% to 34%), talk with their mouths full (43% to 32%), or slurp their drinks (27% to 19%).
What's that all mean? It means Princess is launching a contest. From now through August 31, 2005, Princess's "Help Someone Escape Completely" contest is asking people to nominate an especially deserving person in their own lives to win a 7-night cruise for two to either the Caribbean or the Mexican Riviera. Forty winners will be chosen from among the nominees, the number celebrating Princess's 40th anniversary year. Full contest details can be found at www.princess.com/escape. Winners will be announced in October.
In other news, Princess is also celebrating the return to its fleet of the 1,950-passenger Sea Princess, which has spent the past two years sailing as Adonia for Princess's immediate parent company, P&O Cruises. The vessel regained her original Princess name during a ceremony in Southampton, UK, attended by leading British and American actors and actresses. The connection? The new "Movies Under the Stars" screen being installed on Sea Princess's pool deck, where the line will show feature films, family entertainment, sporting events, and other programming. As aboard the line's Caribbean Princess and Grand Princess, passengers will be able to reserve lounge chairs for optimally relaxed viewing. And yes, there's popcorn.
The ship is currently sailing a series of European cruises from Southampton. She'll return to the U.S. in September, offering several 10-night New England/Canada cruises between New York and Quebec, then transferring to Florida for a season of 14-night round-trip Caribbean cruises from Ft. Lauderdale.
Carnival News: Is the "Fun Ship" Line Going Upmarket?
What is "fun" anyway? By Carnival's original definition it pretty much meant beer-helmets in the hot tub, but several announcements over the past weeks make the case that things ain't like they used to be.
Leading the charge is a new multi-million-dollar national ad campaign that includes print ads and TV commercials called "There's A Million Ways to Have Fun." Say goodbye to dancing fish and steel-band music; say hello to a softer focus, with shots of guests enjoying onboard amenities, all set to the classic tune "Beyond the Sea."
Other hints at a new maturity:
- Carnival's new Presidential Wine Club, an affinity group for wine enthusiasts. Members pay $49.98 per month and in return get two bottles selected by Carnival president, CEO, and wine-connoisseur-in-chief Bob Dickinson, as well as access to an online wine information and communication resource; discounts on wine and wine-related products sold through the website; and opportunities to participate in annual Presidential Wine Club cruises. The first of the latter will be held aboard Carnival Liberty later this fall, sailing round-trip from Fort Lauderdale to the western Caribbean, Dec. 4-10. Scheduled events include wine tastings, seminars with wine experts, and several wine-themed parties. "Our goal is to make wine the beer of tomorrow," says Dickinson. Anyone can book aboard the cruise (with fares starting at $504 per person), but only club members may attend the events. To become a member, check out www.presidentialwineclub.com.
- A suspiciously healthy and even New Agey sounding Mind/Body Cruise, being offered aboard Carnival Pride Oct. 23-30, sailing round-trip from Long Beach, California, to the Mexican Riviera. Featuring experts from Shape and Men's Fitness magazines, the cruise will include seminars on health, fitness, and nutrition as well as a series of fat-burning and body-sculpting workout classes. On the spiritual front, classes in tai chi, qigong, and yoga will be offered on deck, in the sea air. Fares begin at $799 per person.
- A new "Carnival Comfort Bed" ensemble, with an eight-inch spring mattress, cotton-blend sheets, a duvet made from 100 percent hypoallergenic down (and a satin-striped cotton blend duvet cover), and pillows made of non-allergenic microfiber. The ensemble is being added to all Carnival staterooms, with an expected fleetwide rollout by the end of this year. In suite accommodations a pillow menu will offer guests the choice of several pillow types, including goose down and firm latex.
Disney News: First West Coast Sailings, New Cinderella Show
As reported here on May 23, Disney Cruise Line (tel. 888/DCL-2500; www.disneycruise.com) is making its first foray out of the Caribbean, positioning the 1,754-passenger Disney Magic in Los Angeles for the summer as part of Disneyland's 50th anniversary celebration. On May 28, Magic departed on the first of its 7-night Mexican Riviera cruises in true Disney style, sailing out of San Pedro's main channel accompanied by coast guard cutters, police cruisers, tall ships, scores of private boats, the world's most powerful fireboat, and a daytime fireworks display.
Aboard ship, Disney's theatrical department celebrated the big 5-0 by adding a new stage show to Magic's sailings. Titled "Twice Charmed: An Original Twist on the Cinderella Story," the 52-minute production begins where the original ended, during the wedding of Cinderella and Prince Charming, then sends the characters back in time, with an evil fairy godmother plotting to keep the two apart. "Twice Charmed" will run aboard Magic throughout 2005.
Magic will return to Florida on September 3 and resume her schedule of 7-night Caribbean cruises. Meanwhile, sister-ship Disney Wonder continues sailing 3- and 4-night cruises to the Bahamas out of Port Canaveral.
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