T. 11-20-92 Control No.

X92101515120

DEC 7 1992

AAG JRD DATE The

Honorable Phil Gramm United States Senator DAAG 2323 Bryan Street, #1500 BSD Dallas, Texas 75201 DATE Attn: Clarissa Clark

Dear Senator Gramm: CHIEF WODATCH This letter is in response to your inquiry on behalf of (b) (6) , who is concerned about the application of the DATE Americans with Disabilities Act (ADA) to cruise ships, particularly those registered under foreign flags, that operate United States ports. The ADA authorizes the Department to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This letter provides informal guidance to assist you in responding to XX . However, this technical assistance does not constitute a determination

DATE

by ORIGINATOR the Department of Justice of xx rights or BLIZARD responsibilities under the ADA, and it is not binding on the Department. DATE Cruise ships may be subject to the requirements of both the Department of Justice and the Department of Transportation regulations implementing title III of the ADA. This Department's regulation implementing title III applies to private entities that own, operate, lease, or lease to a private entity whose operations fall within one or more of twelve specified categories. Among those categories are places of lodging, places that serve

food or drink, places of public gathering, and places of recreation or entertainment. Because cruise ship operations fall within several of the listed categories, cruise ships are places of public accommodation, and would be subject to the Department of Justice title III regulation to the extent that the operators are subject to the laws of the United States. cc: Records, Chrono, Wodatch, Breen, Blizard, FOIA, Library udd:mercado:congressional.letters:blizard.gramm.(b)(6) 01-01788 -2As places of public accommodation, cruise ships must comply with the full range of title III requirements, which include nondiscriminatory eligibility criteria; reasonable modifications in policies, practices, and procedures; provision of auxiliary aids; and removal of barriers in existing facilities. However, a ship is not required to comply with a specific accessibility standard for new construction or alterations because no Federal standard for the construction of accessible ships has been developed. Coverage of cruise ships is discussed in the preamble to section 36.104 of this Department's title III regulation (at page 35550) and in section III-5.3000 of the Title III Technical Assistance Manual. Copies of the regulation and the Technical Assistance Manual are enclosed for your information. Under the regulation issued by the Department of Transportation, which was published in the Federal Register on September 4, 1991 (56 Fed. Reg. 45584), cruise ships are classified as "specified public transportation, "because they are operated by a private entity that is primarily engaged in the business of providing transportation. Entities operating forms of specified public transportation may not discriminate on the basis of disability in providing transportation services. The Department of Transportation has not yet established specific requirements applicable to cruise ships; however, that Department has stated that ships registered under foreign flags that operate in United States ports may be subject to United States regulations (which would include the title III regulation discussed above) unless there are specific treaty prohibitions that preclude enforcement. Additional information about the regulation issued by the Department of Transportation may be obtained from the Office of the General Counsel, U.S. Department

of Transportation, 400 7th Street, S.W., Washington, D.C. 20590. The ADA establishes two avenues for enforcement of the requirements of title III, private suits by individuals and suits by the Department of Justice in cases that involve a pattern or practice of discrimination or that raise an issue of general public importance. If (b)(6) believes that his rights under the ADA have been violated, he may file a lawsuit in a United States District Court, or he may request an investigation by the Department of Justice by writing to the Public Access Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 66738, Washington, D.C. 20035-6738.

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-3I hope that this information is helpful to you in responding to (b)(6) xx.

Sincerely,

John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2)

01-01790​ XX San Antonio, Texas, 78233

xx (b)(6) Condi-Nast Travel c/o Ombudsman 360 Madison Ave. N.Y., N.Y. 10017 Dear Sirs: My first enclosure is the text of a letter sent to my travel agent to be forwarded to the powers to be at the Carnival Cruise line headquarters. My second enclosure is a copy of the response to me from Carnival. I believe that the largest percentage of carnival business is drawn from United States of America and therefore they should be in compliance with the American Disabilities Act and not allowed to hide behind Liberian Registry. We were told by a crew member during the cruise that nothing had been done bring that ship in compliance and they simply told the people whatever the thought we wanted to hear. Further that the Carnival ship "Celebration" had no intentions of ever bringing that ship into line with the Disabilities act. I would appreciate your attention to this matter. Sincerely, (b)(6) (b)(6) (b)(6) CC(5 ) Office of the Governor Cruise Center State Office Building 5410 Fredericksburg Rd. Austin, Texas San Antonio, Texas 78229 c/o Consumers Advocate Division c/o Ms. Marie Baxter Attorney General Office State of Texas Austin, Texas Honorable Phil Gramm U. S. Senate Building Washington, D. C. 20510 Congressman Lamar Smith

U. S. Rep. Dist 21 10010 San Pedro Suite 530 ILLEGIBLE 01-01791

TEXT ENCLOSURE# 1 (b)(6) (b)(6) San Antonio, Texas 78233 Cruise Center 54k9 Fredericksburg Rd. San Antonio, Texas 78229 c/o Ms. Marie Baxter Dear Marie: This letter is a follow up of our phone conversation about Carnival Cruise Lines cruise on the M.S. Celebration from June 20, 1992 to June 27, 1992. The list of complaints follows: 1. 6 1/2 " step into bathroom from the bed area. 2. Bath area not large enough to get a wheel chair, scooter or even a walker in. 3. No T. V. remote control --- T. V. on wall --- disabled could not reach controls. 4. The gangplank ( not in Miami) in San Juan, St. Thomas, St. Maartin was about 22 inches wide. The wheelbase on adult disabled equipment is wider than that. St. Maartin was completely unavailable because of a long flight of steps. 5. Steps on each end of gangplank meant carrying person and chair and any other equipment. 6. Food in "Wheelhouse Bar and Grill " was horrible. 7. Room service was limited in variety. 8. Promenade unavailable without lifting patient and chair or scooter.

a ramp would have made it more accessable. (HANDWRITTEN) 202-76-0 9. The final "Midnight Buffet" was unaccessable to the disabled and not allowed to take food to the disabled out of the dining room.. All in all we found disabled facilities to be limited or non-existant and certainly not adequate for one disabled as was the indication when ticket were purchased. After lengthy conversations with other disabled passengers we feel that this is a fair and accurate portrayel of the situation. In fact some of them experienced even worse problems than we did. Had XX been provided with more disabled facilities XX trip would have been a much more enjoyable experience. The total objective of this trip was a week of stress free relaxation since we had not been able to take a vacation in 3 years due to XX surgeries. Due to heavy lifting XX is also experiencing some strain in never before troubled joints. The N.S. Celebration is not in compliance with United States law for the disabled and should be XX until they are in compliance. We realize the ship is a Liberian Registry but they are doing business in the United States and should XX. . We believe this to be a completely accurate appraisal and could go further disabled facilities needed. However, we are not the ones doing business and therefore will close on this note. Sincerely,

(b)(6)

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