Norwegian Cruise Line Broadsided by ADA Class Action Lawsuit

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Late last week a diabetic passenger filed a class action lawsuit against Norwegian Cruise Line’s operating company alleging that the cruise company violates the Americans with Disabilities Act by refusing to allow passengers with diabetes to participate in cruise activities like snorkeling.

Lead plaintiff Gregory Paul filed the class action lawsuit in Florida federal court. He alleges that during a vacation on a Norwegian cruise in March, cruise personnel refused to let him participate in a reef snorkeling activity because he has diabetes, even though he is an experienced snorkeler.

“As part of the services offered on this cruise, defendant advertised, booked, received money, and made all arrangements for shore excursions including snorkeling trips,” Paul points out in his class action lawsuit. The snorkeling activity Paul alleges he wanted to participate in required a considerable amount of walking on uneven surfaces, climbing stairs or steep terrain or bicycling. He alleges that the activity was not recommended for guests with walking difficulties, but that “[d]etails of any particular shore excursion were not available online until after a deposit was made and login and a password were provided by defendant.”

Additionally, Paul alleges that a pamphlet distributed by the cruise company about various cruise activities contains language barring pregnant women, guests with heart or respiratory conditions, asthmatics, epileptics and those suffering from back or neck injuries, in addition to people with diabetes, from participating. He alleges that Norwegian Cruise policies barring cruise customers from participating in certain recreational activities because of disabilities, or “blanket bans,” violates Title III of the Americans with Disabilities Act (ADA).

“More specifically, the ADA states that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation,” Paul says in his class action lawsuit. “Through the conduct described above, defendant has discriminated against plaintiff, solely on the basis of his disability, by denying him the full and equal enjoyment of the services, facilities and accommodations otherwise available to members of the general public.”

“Defendant should be ordered to take all steps necessary to ensure full enjoyment of all rights guaranteed by the ADA,” continues Paul, contending that he “is entitled to such injunctive relief under the ADA.” In addition to injunctive relief, Paul argues that Norwegian should compensate him and Class Members for allegedly improperly barring them from fully participating in various cruise activities. He also argues that Norwegian should properly train its employees about risks to people with disabilities, as well as require Norwegian to pay exemplary and punitive damages. The proposed Class the plaintiff claims should be entitled to compensation includes “all persons who were denied services because of diabetes, who wish to participate in snorkeling and other activities precluded by defendant’s blanket ban.”

Paul is represented by Jordan Matthew Lewis of Kelley Uustal PLC.

The Norwegian Cruise Line ADA Class Action Lawsuit is Gregory Paul v. NCL Corporation LTD, Case No.1:14-cv-23469, in the U.S. District Court for the Southern District of Florida.