West Palm Partner, Justin Sorel, obtained an arbitration award on behalf of a cruise line client. Plaintiff, a guest on a Hawaiian cruise, was disabled and required a motorized scooter to ambulate. Plaintiff sued claiming violation of the Americans with Disabilities Act for allegedly failing to provide reasonable accommodations. The first was parking at the port in Kauai. However, the cruise line does not own or control parking at the port, the State of Hawaii does. The second alleged accommodation was for the cruise line employee to go off property with the passenger to a location where the passenger’s family would park the rental car and bring his scooter back to the ship. The Arbitrator agreed with the Respondent that this should have been a case against the State of Hawaii as the cruise line had no control over parking at the port and that an accommodation was not necessary because his family could have walked the scooter back to the ship for him.
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