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-   -   Carnival cruise lines update (https://forums.segwaychat.org/showthread.php?t=33887)

Lily Kerns 07-29-2015 10:04 PM

Carnival cruise lines update
 
The Justice Department has signed a settlement agreement with Carnival Corp., to improve access to cruise ships in the Carnival Cruise Line, Holland America Line and Princess Cruises brands, and implements accessibility standards and policies to provide greater access on cruises that embark and disembark from U.S. waters or those of its territories. The settlement resolves allegations that Carnival violated the Americans with Disabilities Act (ADA) by failing to properly provide and reserve accessible cabins for individual with disabilities, reasonably modify policies, practices and procedures to accommodate individuals with disabilities, afford individuals with disabilities the same opportunities to participate in programs and services, including embarkation and disembarkation; and provide effective communication during muster and emergency drills. Under the agreement, Carnival will provide three percent accessible cabins on 49 ships according to three levels of accessibility: fully accessible, fully accessible-single-side approach to the bed, and ambulatory accessible cabins, implement brand standards that address an array of policies and procedures, and pay $55,000 in civil penalties, and $350,000 in damages.

To find out more about this settlement agreement or the ADA, visit ADA.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

rwoynaro 07-30-2015 06:48 AM

Quote:

Originally Posted by Lily Kerns (Post 237936)
The Justice Department has signed a settlement agreement with Carnival Corp., to improve access to cruise ships in the Carnival Cruise Line, Holland America Line and Princess Cruises brands, and implements accessibility standards and policies to provide greater access on cruises that embark and disembark from U.S. waters or those of its territories. The settlement resolves allegations that Carnival violated the Americans with Disabilities Act (ADA) by failing to properly provide and reserve accessible cabins for individual with disabilities, reasonably modify policies, practices and procedures to accommodate individuals with disabilities, afford individuals with disabilities the same opportunities to participate in programs and services, including embarkation and disembarkation; and provide effective communication during muster and emergency drills. Under the agreement, Carnival will provide three percent accessible cabins on 49 ships according to three levels of accessibility: fully accessible, fully accessible-single-side approach to the bed, and ambulatory accessible cabins, implement brand standards that address an array of policies and procedures, and pay $55,000 in civil penalties, and $350,000 in damages.

To find out more about this settlement agreement or the ADA, visit ADA.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).



Thank you for the info, Lilly.

vicsueb 05-06-2017 08:15 AM

Segway use on Carnival ships
 
Thank you for your warm welcome. I've been in communication with Carnival, concerning the use of my mini Segway on board Carnival ships. I am a senior and I have disabilities that prevent me to walk more than a hundred feet. I can however stand without any issues, I have a government issue parking placard, a medical card identifying my disability and a Dr's letter identifying the use of my Segway is medically necessary. In my discussions with Carnival I've brought their attention to the ADA approving the Segway as a disability mobility vehicle. After being bumped around, I finally had a supervisor claim that Carnival received a waiver from the Department of Justice that allowed them to disregard the ADA regulations concerning the use of a Segway aboard their ships. Claiming that it's too fast, it can endanger other quests and especially their employees. Of course that argument could be said for any mobility scooter and by any public facility.

I've not responded yet, as I'm still researching. Carnival is not a stranger when it comes to offenses of the ADA. Has anyone heard that such a waiver was issued by the DOJ, or even possible that such a waiver exists. Would appreciate very much if the folks in the Segway community would share their thoughts and as a community get to the truth, as I can't fathom that the DOJ would ever give such a broad waiver and set a precedent that can easily affect other forms of disability mobility vehicle. Thank you for taking the time to read my post.
Best to all, Vic

dudeman1961 05-06-2017 06:11 PM

Carnival
 
I would assume a call to the DOJ, as you reference, would provide that info...

Pescador12 05-08-2017 03:07 AM

Quote:

Originally Posted by vicsueb (Post 241214)

I've not responded yet, as I'm still researching. Carnival is not a stranger when it comes to offenses of the ADA. Has anyone heard that such a waiver was issued by the DOJ, or even possible that such a waiver exists. Would appreciate very much if the folks in the Segway community would share their thoughts and as a community get to the truth, as I can't fathom that the DOJ would ever give such a broad waiver and set a precedent that can easily affect other forms of disability mobility vehicle. Thank you for taking the time to read my post.
Best to all, Vic

The Segway is identified as an "Other" (alternate?) mobility assist device. Like golf carts are. Organizations are free by the ADA to refuse to allow them if they are a hazard. Banned if they are a hazard in the organization's expert opinion (falls, crashes, fire hazards, etc). It covers someone showing up with a 25mph electric unicycle, segway, motorcycle, golf cart, or whatever, and claiming it as their mobility device with the same access rights as a wheelchair, electric wheelchair/scooter.

I think it is all on the DOJ website with the breakdown for unique vehicles that users might find better suited for their needs but don't get the full ADA right to all access (if hazardous).

dudeman1961 05-08-2017 03:33 PM

A 'waiver' would be a federal record and available via a Freedom of Information Act request. Again, a call to the DOJ Disability Rights Section (800-514-0301) office would resolve this clearly.

KSagal 05-08-2017 08:01 PM

Quote:

Originally Posted by Pescador12 (Post 241233)
The Segway is identified as an "Other" (alternate?) mobility assist device. Like golf carts are. Organizations are free by the ADA to refuse to allow them if they are a hazard. Banned if they are a hazard in the organization's expert opinion (falls, crashes, fire hazards, etc). It covers someone showing up with a 25mph electric unicycle, segway, motorcycle, golf cart, or whatever, and claiming it as their mobility device with the same access rights as a wheelchair, electric wheelchair/scooter.

I think it is all on the DOJ website with the breakdown for unique vehicles that users might find better suited for their needs but don't get the full ADA right to all access (if hazardous).

I do not disagree, but if they are a hazard as you say is the point here. The wording is not casual. They cannot decided they are a hazard by just saying so. I believe they have to have hard and specific evidence that they are a hazard, but just the belief that they may be a hazard if allowed is not good enough.

Also, EPMAD is a real and identified category, and the segway fits in, while several of the other devices you mentioned do not fit in, like a 25mph electric unicycle, a motorcycle, a golf cart, or whatever. You cannot just 'decide' this or that is a hazard by that law, you have to prove it first.

Pescador12 05-08-2017 09:27 PM

As all legal and sue-able items are, the terminology is tricky. So, from DOJ's website about using a mini pro as an OPDMD: https://www.ada.gov/opdmd.htm

-------------------------------
Under the new rules, covered entities must allow people with disabilities who use wheelchairs (including manual wheelchairs, power wheelchairs, and electric scooters) and manually-powered mobility aids such as walkers, crutches, canes, braces, and other similar devices into all areas of a facility where members of the public are allowed to go.

In addition, covered entities must allow people with disabilities who use any OPDMD to enter the premises unless a particular type of device cannot be accommodated because of legitimate safety requirements. Such safety requirements must be based on actual risks, not on speculation or stereotypes about a particular type of device or how it might be operated by people with disabilities using them.

For some facilities -- such as a hospital, a shopping mall, a large home improvement store with wide aisles, a public park, or an outdoor amusement park -- covered entities will likely determine that certain classes of OPDMDs being used by people with disabilities can be accommodated. These entities must allow people with disabilities using these types of OPDMDs into all areas where members of the public are allowed to go.

In some cases, even in facilities such as those described above, an OPDMD can be accommodated in some areas of a facility, but not in others because of legitimate safety concerns. For example, a cruise ship may decide that people with disabilities using Segways® can generally be accommodated, except in constricted areas, such as passageways to cabins that are very narrow and have low ceilings.

For other facilities -- such as a small convenience store, or a small town manager's office -- covered entities may determine that certain classes of OPDMDs cannot be accommodated. In that case, they are still required to serve a person with a disability using one of these devices in an alternate manner if possible, such as providing curbside service or meeting the person at an alternate location.

Covered entities are encouraged to develop written policies specifying which kinds of OPDMDs will be permitted and where and when they will be permitted, based on the following assessment factors.
-------------------------

I am guessing that the cruise ship sees Segways (or just Mini Pro's) as a accident waiting to happen just like the shopping mall that asked me to leave with mine. Falls, collisions, fire, blocking escape routes, etc, are all actual risks but I bet the cruise line knows more since the DOJ states that in most cases it expects that a Segway could be accomidated while an ATV or golf cart wouldn't.

Pescador12 05-08-2017 09:58 PM

Vicsueb has a Mini Pro (or a Ninebot mini) the cruise line won't let him use on the ship. Is the mini pro and all hoverboards EPMAD's? I think they are still OPDMD's, under ADA regulations, like ATV's and golf carts are.


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