Inclusive Tourism is Affirmed by the US Department of Justice!

WASHINGTON - The Justice Department today sought the federal court's approval of a consent decree with Norwegian Cruise Line (NCL) to resolve a lawsuit under the Americans with Disabilities Act (ADA) on behalf of individuals who are deaf or hard of hearing, and individuals who use wheelchairs, who took NCL cruises of the Hawaiian Islands.


Under the proposed consent decree, NCL will ensure that individuals who are deaf or hard of hearing get the auxiliary aids and services they need, such as a sign language interpreter or a written transcript of the emergency drill, to fully participate in the activities on the ship and in the shore excursions. NCL will also ensure that individuals who use wheelchairs get accessible bus transportation between the airport, cruise ship and hotels, and on shore excursions. In addition, NCL will pay $100,000 in damages to nine individuals with disabilities and will also pay $40,000 in civil penalties to the United States.


"People with disabilities who need sign language interpreters or accessible ground transportation should be able to go on vacation and enjoy the activities of a cruise like everyone else," said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. "It is essential that NCL and the cruise industry comply with the ADA's requirements for auxiliary aids and services and accessible transportation."


"The ADA applies to cruise ships, just as it does to hotels and other entities that offer services to the public," said Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida. "Discrimination against people with disabilities, on land or at sea, will not be tolerated."


After an extensive investigation, the Justice Department determined that five deaf individuals on NCL cruises around Hawaii did not receive interpreters and other auxiliary aids, or a closed caption TV, and thus were unable to enjoy the activities on board the ship or the shore excursions because they could not understand what was going on and communicate effectively. The Justice Department also determined that four individuals who use wheelchairs did not get accessible buses between the airport, ship and hotel, and on shore excursions; had to wait hours for an accessible bus at times; were unable to go on shore excursions because of the lack of an accessible bus; were charged extra for accessible transportation; and/or were not allowed to get on and off the bus during a shore excursion even though the bus was accessible.


The relief in the consent decree specifically includes:


* An access desk to handle requests for reasonable accommodations from guests with disabilities pre-cruise;

* Access officers on board the ship to handle requests for reasonable accommodations from guests with disabilities during the cruise;

* NCL shall respond in writing to a request for a reasonable accommodation within one week, when the request is made at least three weeks prior to sailing;

* ADA training for NCL staff;

* Pagers for guests who are deaf or hard of hearing to use while on the cruise, through which safety and other important announcements will be transmitted;

* TTY communication devices for guests;

* Visual tactile alert systems in staterooms for guests who are deaf or hard of hearing (i.e., visual or tactile alert to door knock, telephone ringing, alarm ringing and smoke detection);

* Closed caption televisions in staterooms and common areas;

* Written transcripts of the emergency drill; and

* Accessible over-the-road buses, shuttle buses, and vans for transportation between the airport, ship, and hotels and on shore excursions, with no extra wait times for accessible transportation.

Title III of the ADA prohibits discrimination against persons with disabilities by public accommodations and private entities offering specified public transportation. It requires that public accommodations offer their programs and services in a manner that does not discriminate against people with disabilities. The Justice Department may bring lawsuits to enforce Title III seeking as relief injunctive remedies, monetary damages for complainants, and civil penalties.

People interested in finding out more about the ADA or this Consent Decree can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at www.ada.gov.

Fighting for disabled rights in Bangladesh

American expat Matthew 'Hezzy' Smith in Bangladesh, where he is working to improve disabled people's rights.

It took some time for American expat Matthew Smith to get adjusted to the constant power cuts in Dhaka, Bangladesh - that, and its "crazy" traffic rules. But despite life in Bangladesh being vastly different to the life he knew in the US, Mr Smith can't help but find it attractive.

“The people in Bangladesh just invite you into their lives. Of course I miss America but the Bangladeshi people offer immense hospitality. They make your stay worthwhile,” he says.

Mr Smith has been living in Bangladesh since early 2009. Knowing the language of the locals well has made a major difference to his stay, because it has helped him get to know the people of Dhaka better and not restrict himself only to the expat community.

“I learnt reading, writing and speaking in Bengali from the South Asia Summer Language Institute at the University of Wisconsin, while completing my Bachelors in English Literature from Harvard University. It was a two-month intensive course. Knowing Bengali has really helped me understand the Bangladeshi culture well. A lot of foreigners do crash courses in spoken Bengali once they get to Bangladesh but knowing how to read and write too makes you far more competent,” he says.

Having visited Calcutta in India for six months as an "extern" for the Harvard Law School Disability Project in 2008, Mr Smith had planned to move on to Dhaka in Bangladesh with the project for four months and then return to the US to join law school. But instead, he decided to stay in Dhaka, after realising realised that his work on disability laws could actually help bring about constitutional changes for people with disabilities in Bangladesh.

“I was advocating the UN Convention on the Rights of Persons with Disabilities (CRPD) in Bangladesh. It has already been ratified in India. There is only one law for people with disabilities in Bangladesh and that is quite toothless. There is no procedure punishment for discrimination, no mechanism to deliver legal remedies.

“Towards the end of my first trip to Bangladesh, I ended up working with a group of people who were trying to develop a new disability law and they were keen on using my inputs. When I came back to the US after that I was so excited about the work I was doing that I had to return soon,” says Mr Smith.

Currently back home in New Jersey while he is renewing his visa, Mr Smith plans to return to Dhaka for another spell of nine months on October 11. He has now the director of the Disability Project and has pushed back his plans of joining law school till autumn next year.

“A lot of changes are needed in Bangladesh when it comes to propagating awareness about the rights of people with disabilities and the laws that are needed for them. In March I formed a group that has 10 to 12 lawyers and an assistant professor from Dhaka University. We have been meeting every month to discuss disability issues and a lot of effective work has been happening since,” says Mr Smith.

“The people that work with me do it on a voluntary basis. There is no funding. The natural curiosity and openness among people is what makes these collaborations possible. I don’t think it would be possible in the US,” he adds.

Though there are times when that “curiosity and openness” can invade one’s personal space, Mr Smith says he finds life in Bangladesh enjoyable. “I only get too much attention when I’m sitting at a tea stall and speaking in fluent Bengali with the locals because people just don’t expect that from a white guy,” he says.

Before he makes his way back to the US next July, Mr Smith hopes to formalise the group he has formed so that it can continue running in Bangladesh even in his absence.

“Important issues are being taken up by this group and the members are extremely dedicated," he says. "Even when I join law school, I will be involved with every project I am part of now - and I’ll be spending all my holidays in Dhaka!"