Norwegian Cruise Line Wants ADA Class Action Tossed

Norwegian Cruise Lines wants an Americans with Disabilities Act class action lawsuit dismissed because the company says that it is unlikely the plaintiff will ever buy a cruise from Norwegian again and it does not own or operate the snorkeling company at issue.

Plaintiff Gregory Paul filed a class action lawsuit against Norwegian in September alleging that the cruise ship company violated federal law by not allow him to partake in a snorkeling program because he has diabetes.

“Plaintiff’s claim, however, should be dismissed for lack of standing because plaintiff fails to allege any intent to return to the public accommodation at issue in this lawsuit, most likely because he has no plans to return to a cruise aboard any Norwegian cruise ship,” the cruise ship company explains in its motion to dismiss the class action lawsuit.

Norwegian contends that the class action lawsuit should also be dismissed since the alleged violation of the Americans with Disabilities Act occurred in international waters and it is therefore outside the jurisdiction of the United States justice system.

In addition, the cruise ship company says that it doesn’t own or operate the snorkeling company at issue, and it says that Paul does not name “the ‘place of public accommodation’ that is the subject of his claim against Norwegian.”

Paul’s cruise took place in March onboard the “Norwegian Dawn,” which was a seven-day cruise that sailed from Tampa, Florida and stopped at ports in Honduras, Belize and Mexico.

The snorkeling activity was offered by a third party vendor, the Three Reef Snorkel by Boat excursion, which Norwegian claims is owned by a Mexican company, Explora Caribe. The snorkeling activity was offered in Cozumel, Mexico. And it was offered “on a separate boat” that was not owned by Norwegian.

Even though Norwegian says that it did advertise the snorkeling program and helped guests sign up for the activity, it does not own any of the equipment nor does it employ any of the individuals who operate the snorkeling activity.

In addition, “Norwegian did not maintain any policies regarding eligibility requirements for participation in the Three Reef Snorkel by Boat shore excursion,” Norwegian explains in the Americans with Disabilities class action lawsuit.

“Norwegian simply contracted with Explora Caribe who provided the shore excursion and may have communicated the tour operators’ policies regarding participation in the Three Reef Snorkel by Boat shore excursion,” it said.

However, it says that it has nothing to do with forming the snorkeling company’s policies and did not have any control over the the policy prohibiting those with diabetes from partaking in the snorkeling activity.

“At most, Norwegian acted as a conduit of information regarding the Three Reef Snorkel by Boat shore excursion that was provided by independent contractors for plaintiff’s enjoyment at the ship’s Cozumel, Mexico port of call,” the motion to dismiss the Norwegian Cruise Lines class action lawsuit added.

In addition, Norwegian says that it tells guests that shore excursion companies are third party contractors that it does not “own, operate or lease.”

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

Norwegian is represented by Edward Diaz and Lindsay D. Swiger of Holland & Knight LLP.

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