JAN 10 1995 The Honorable Herb Kohl United States Senator 14 West Mifflin Street Suite 312 Madison, Wisconsin 53703 Dear Senator Kohl: This letter is in response to your inquiry on behalf of your constituent, XX concerning the Americans with Disabilities Act (ADA) and its application to the operations of Holland America cruise lines. We apologize for the delay in responding to your inquiry. XX letter to you states that Holland America cruise line misrepresented that the ports-of-call, facilities onboard Holland America cruise ships, and transportation services provided to and from airplanes were accessible. XX letter indicates that many of the features were inaccessible or that many accessible services were not provided. Title III of the ADA prohibits discrimination on the basis of disability in commercial facilities and places of public accommodation. Title III requires, among other things, that owners and operators of places of public accommodation remove architectural barriers in existing facilities, where such removal is readily achievable. The Department's title III regulation, 28 C.F.R. pt. 36, defines the term "readily achievable" to mean easily accomplishable and able to be carried out without much difficulty or expense. A cruise ship operating in U.S. waters is a place of public accommodation subject to these ADA barrier removal requirements (unless, in the case of a ship registered under a foreign flag, specific treaty prohibitions preclude enforcement). The ADA requires a cruise line to remove barriers in the facilities that they own or operate -- including at U. S. ports-of-call, onboard ships (including guestrooms), and in transportation services -- to the extent that such barrier removal is readily achievable. 01-03581 - 2 - Determining whether the barrier removal requirement has been met, however, requires an assessment of several factors, including the nature and cost of the actions required, the overall financial resources of the facilities and any parent corporations, and the effect of the action on the facility's expenses and resources. Obviously, a determination of whether a cruise line has satisfied these requirements with respect to a particular vessel must be made on a case-by-case basis. Title III can be enforced by private litigation, alternate dispute resolution such as mediation, or by filing a complaint with the Department of Justice. The Department is not able to investigate all the complaints of title III violations that it receives, and we have determined not to investigate this complaint. However, there are other entities that may be able to assist XX in resolving her complaint. We have enclosed a list of such entities located in Wisconsin. In addition, we are enclosing copies of three status reports that detail the actions that the Civil Rights Division has undertaken to enforce titles II and III of the ADA. These reports illustrate that, although the Department of Justice is unable to investigate every complaint that it receives, we are taking strong action to enforce the law. I hope this information is useful to you in responding to your constituent. If XX wishes to have further information about the requirements of the ADA, she may contact our ADA information line at (800) 514-0301 (Voice) or (800) 514-0383 (TDD) between 10:00 a.m. and 6:00 p.m. Monday through Friday, except for Thursday between 1:00 p.m. and 6:00 p.m. EST. I hope this information is useful to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-03582 October 21, 1994 The Honorable Herb Kohl 14 West Mifflin Street Suite 312 Madison, WI 53703 RE: HELP!!! PLEASE!!! Dear Senator Kohl: I was told to contact you about a problem I have with Holland America Line concerning an Alaskan cruise that my handicapped parents and I took aboard the MS Noordam in July, 1994. I was grossly misinformed concerning the accessibility of the facilities for the "physically challenged passengers". Holland America misrepresented their ability to service "physically challenged passengers". Before making any vacation decisions, I made extensive inquires concerning the availability and accessibility of the handicapped facilities aboard the MS Noordam and during the entire trip. I had my travel agent, Mrs. Michelle Lukens, Cruise Holidays, make numerous inquiries about the accessibility for handicapped passengers on this cruise. Here is a list of some of the questions that I had Mrs. Lukens ask Holland America: 1.) What are the services available at the ports-of-call A.) At which ports-of-call will we dock or tender B.) Are the ports-of-call handicapped accessible C.) Will there be any steps involved in getting off and on at the ports-of-call where we dock 2.) Is the ship handicapped accessible for someone limited to a wheelchair A.) Does the stateroom have lips going into the room itself and the bathroom B.) Will a wheelchair fit through the doors C.) Is the bathroom equipped with bars for the handicapped 01-03583 D.) What are the bathing facilities in the bathroom E.) Are the public rooms and areas accessible F.) Can a wheelchair fit through the elevators doors G.) Are there stairs involved in getting on and off the ship 2.) What are the services available from the airlines A.) Are any steps involved in getting on or off the plane B.) What are the arrangements to make connecting flights C.) What are the bathroom facilities like 3.) Is the hotel accessibility in Anchorage A.) Is the bathroom equipped with bars for the handicapped B.) How do we transfer from the hotel to the airport As you can see, I did everything in my power to insure that I had the needed information in order for me to make an intelligent decision for our vacation plans. Unfortunately, the information that I received was not actual or factual. The major complaint I had with our cruise was the inaccessibility of any of the ports-of-call except at Juneau. Prior to making final arrangements, I had to fill out a "Special Requirements Information" Form indicating any special requirements or problems relating to my parents' history. We knew from the beginning that Sitka would be off limits for us because of the tendering service into Sitka. We knew and accepted this limitation when we decided to take the cruise. We were informed the other ports-of-call would be completely handicapped accessible for someone in a wheelchair. I do not feel that it is fair that my mother was not able to leave the MS Noordam due to the types of gang planks used to get off the ship. The gang planks were also very dangerous for my father, who has double leg prostheses. Ketchikan was a sample of things to come. We were told by the ships' crew that they would take my mother down in her wheelchair but she would have to walk back up two flights of stairs in order to get back aboard the MS Noordam. When I went to the Front Office to check on the conditions for the following ports-of-call, I was told that except for Juneau all the rest of our stops would be made by tender service. Needless to say, by this time we were all very upset. I felt I had to let Holland America know how extremely disappointed we were. I talked to Mr. D. Verhey van Wijk, Hotel Manager. Mr. Verhey van Wijk informed me that we would 01-03584 dock at Valdez and we would be able to get off the ship there. The gang plank at Valdez turned out to be so steep that my mother was afraid to go down it. I had been warned ahead of time by Mr. Verhey van Wijk that some people might not want to attempt it. Boy!! Was he right. I found the information furnished about the room equally misleading. Although the bathroom itself was accessible, the entry ramp into the bathroom made it impossible to consider this room adequate. My mother was not able to walk up the very steep ramp into the bathroom without my assistance, even though she is able to do a minimum amount of walking. At home, my mother is able to use the bathroom by herself. Because of this situation, I was unable to leave my mother alone for any length of time. This made her feel bad because not only couldn't she visit the towns but we couldn't leave her alone for any period of time. I, myself, kept tripping over this ramp while walking around the room and I found that I could stand in the bathroom and was able to slide down the incline in my stocking feet - this should give you an idea of how bad the situation was. My father also had trouble getting into the bathroom. The arrangements that Holland America made for its passengers to get from the hotel in Anchorage to the airport was as equally difficult for the "physically challenged passengers". You had to claim your luggage on the international side of the airport and then walk to the domestic side of the airport which was across the road from each other. Also when Holland America made the reservations for our plane flight back from Anchorage, they put us on a flight that loaded from the runway which involved having to have my mother hand-carried onto the plane. This was the final straw that broke the camel's back. My mother was so upset that she said "That it wasn't worth it. She wouldn't take another vacation." Every time you turned around, you were either upset or angry about something. You are supposed to come back from a vacation all rested up and rejuvenated, not so overjoyed that your vacation is finally over with. We were not the only ones who felt that Holland America had misrepresented the cruise as being handicapped accessible. Mr. Russell Schmidt, who was totally wheelchair bound, found that he had received the same faulty information from Holland America. Mr. Schmidt was also told that where would be a lift-equipped bus to make the trip from Seward to Anchorage, a two and half hour bus trip. In order to make the departure from the ship an orderly affair, the passengers were assigned bus numbers. When Mr. Schmidt's number came up to leave and he asked about the lift-equipped bus, he was told "Why wasn't he there at 7 o'clock 01-03585 when the special bus left." This was the attitude that we encountered during the entire trip. I am sending you copies of the letters that I wrote to Ms Donna Franchimon, Manager Customer Relations, Holland America and Mr. Russell Schmidt concerning the gross misrepresentation of the answers to my specific questions concerning the accessibility of the facilities for the "physically challenged passengers". I am also sending a copy of the letter that my travel agent, Mrs. Lukens, wrote to Holland America listing the names and dates of the people that she talked to in order to get the answers to my questions. I am also sending you a copy of the answer that I received from Ms Judith Foley concerning my letter to Ms Franchimon. Upon receipt of this letter, I had a very unpleasant telephone conversation with Ms Foley. She felt that "any time the ship was docked at the pier", the port-of-call was considered accessible for a handicapped person. When asked how she would feel if she wasn't able to leave the ship during the stays at the ports-of-call, she told me that we did enjoy the full benefit of all the rest of the services and activities on board the ship so what more did we want! We made our decisions on the quantity vs quality of information that we received. I feel that Holland America is splitting hairs as far as the information that they are giving out to their prospective passengers. It is bad enough to be handicapped but to be treated this way is unforgivable. Sincerely, XX Montello, WI 53949 XX 01-03586