MIAMI (Legal Newsline) - A man has filed a class action lawsuit against NCL Corporation claiming it discriminates against diabetics and others and doesn't let them participate in snorkeling excursions.
From March 16 through March 23, Gregory Paul sailed aboard the Norwegian Dawn, which was owned and operated by NCL Corporation, according to a complaint filed Sept. 19 in the U.S. District Court for the Southern District of Florida.
Paul claims as part of the services offered on the cruise, the defendant advertised, booked, received money and made all arrangements for shore excursions, including snorkeling trips.
Details of any particular shore excursion were not available online until after a deposit was made and log-in and a password were provided by the defendant, according to the suit.
"Once at sea, printed pamphlets with defendant's logo 'Cruise like a Norwegian' were distributed providing the details of shore excursions for each of the ports," the complaint states.
However, several of the excursions, including "Three Reef Snorkel By Boat" had language that stated that pregnant women, guests with heart or respiratory conditions, asthma, cardiac problems, diabetes, epilepsy and back/neck injuries may not participate, according to the suit.
Paul claims the activity was identified as "Level 2" which is described as an activity that can involve a considerable amount of physical activity such as walking over cobblestones or uneven surfaces, climbing many stairs or steep terrain, or bicycle riding.
The plaintiff is experienced in snorkeling and desired to participate in the "Three Reef Snorkel By Boat" on March 21 and other activities "containing the blanket ban on individuals with diabetes," according to the suit.
"Plaintiff spoke with defendant's representative aboard the Dawn and was informed that he could not sign up...because of his diabetes," the complaint states. "Such blanket bans are in violation of Title III of the Americans with Disabilities Act."
More specifically, the ADA states that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases or operates a place of public accommodation, according to the suit.
Paul claims he brings this action on behalf of all other persons similarly situated, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure.
"The class members consist of all persons who were denied services because of diabetes, who wish to participate in snorkeling and other activities precluded by defendant’s blanket ban," the complaint states. "The exact size of the class is unknown to the plaintiff, but they believe the size of the class is so numerous that joinder of all members is impracticable."
Paul is seeking class certification and compensatory damages. He is being represented by Jordan M. Lewis of Kelley Uustal PLC.
The case is assigned to District Judge James Lawrence King.
U.S. District Court for the Southern District of Florida case number: 1:14-cv-23469
From Legal Newsline: Kyla Asbury can be reached at firstname.lastname@example.org.