Court requires casino ship to accommodate disabled passengers

Catherine Wilson

Thursday, Aug. 23, 2001 | 10:48 a.m.

MIAMI -- A casino ship must make restrooms more accessible for passengers in wheelchairs, but will not have to make more extensive changes to accommodate the disabled, a judge ruled.

Monday's ruling by U.S. District Judge Shelby Highsmith came in what is believed to be the first trial targeting disabled access to passenger ships.

An advocacy group for the disabled had asked for widespread changes ranging from lower craps tables to installation of an elevator on the Casino Princesa ship, which sails daily from Miami.

But the judge said those suggestions were too expensive or would fundamentally alter the casino games. He limited alterations to restroom fixtures on one of four decks on the $7 million, 600-passenger ship, built in 1998.

Highsmith noted the U.S. Transportation Department still has not written rules for access to cruise and gambling ships under the 11-year-old Americans With Disabilities Act. But he said the task of applying the law "can no longer be delayed."

Attorneys on both sides said Tuesday that they were pleased with the decision, and expect it to serve as a guide for future lawsuits.

"It does set an important standard in that it puts all cruise and gaming ships on notice," said William Charouhis, who sued on behalf of the Association for Disabled Americans. "They need to be accessible."

Princesa attorney Phillip Hudson applauded the limited scope of the changes ordered by the judge: "He found that everything we did was reasonable, but add a couple little things and you're in compliance."

The lawsuit followed a federal appeals court decision last year which extended the Americans With Disabilities Act to publicly accessible areas of passenger ships.

Carnival Cruise Lines has agreed to settle a similar suit, and two sister lines, Holland America and Costa Cruises, have also announced that they'll settle suits.

Concorde Gaming Corp., the owner of the Princesa, was the first passenger line to take its case to trial.