Larsen v. Carnival Corp., Inc.
2003 WL 230692, 242 F. Supp. 2d 1333, 2003 A.M.C. 1337 (2003)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under Title III of the Americans with Disabilities Act (ADA), a public accommodation may impose neutral eligibility criteria necessary for safe operation, and a decision to exclude an individual with a disability based on such criteria does not constitute discrimination if it is based on actual, medically-recognized risks to the individual's own health rather than on stereotypes or generalizations.
Facts:
- Steven Larsen, a paraplegic who used a motorized wheelchair, had severe medical conditions including obstructive sleep apnea and morbid obesity.
- To prevent potentially fatal respiratory failure during sleep, Larsen required the nightly use of a prescribed Bi-Pap ventilator and an oxygen concentrator.
- In January 2001, Steven and Kimberly Larsen booked a cruise on the Carnival M/S Ecstasy.
- Upon arrival at the port, a curbside porter erroneously instructed the Larsens to check the Bi-Pap machine as luggage rather than carrying it on board.
- After boarding the ship, around its scheduled departure time, Larsen discovered that his Bi-Pap machine was broken and non-functional.
- The Larsens asked the ship's medical staff for permission to sail without the device for one night and have a replacement delivered to the first port of call, but undisputed evidence showed a replacement could not arrive in time.
- The ship's doctor, concluding that sailing without a functioning Bi-Pap posed a risk of a medical emergency and potential death, decided to medically disembark Steven Larsen for his own safety.
Procedural Posture:
- Steven and Kimberly Larsen filed a lawsuit against Carnival Corporation in the U.S. District Court for the Southern District of Florida, alleging violations of Title III of the Americans with Disabilities Act.
- The Plaintiffs filed a Motion for Partial Summary Judgment.
- The Defendant, Carnival Corporation, filed a cross-Motion for Summary Judgment.
- The U.S. District Court is considering both motions.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a cruise line violate Title III of the ADA by medically disembarking a passenger with a disability who requires a life-sustaining medical device when that device becomes inoperable and cannot be timely replaced, based on a neutral safety policy that applies to all passengers?
Opinions:
Majority - Graham, District Judge
No. A cruise line does not violate Title III of the ADA by medically disembarking a passenger when the decision is based on a neutral, uniformly applied safety policy and objective medical evidence of a critical risk to that passenger's health. The ADA permits public accommodations to impose neutral eligibility criteria necessary for safe operation, which must be based on actual risks, not stereotypes. Carnival's policy of excluding any individual whose health would be critically jeopardized by sailing is a neutral criterion, as it applies to both disabled and non-disabled persons, such as women in the late stages of pregnancy. The decision to disembark Steven Larsen was not based on generalizations about his disability, but on the undisputed and overwhelming medical testimony—including from Larsen's own treating physician—that sailing without his functioning Bi-Pap machine posed a serious and potentially fatal risk to his life. Therefore, the disembarkation was a reasonable application of a legitimate, non-discriminatory safety policy.
Analysis:
This case clarifies that the ADA's reasonable modification requirement is not absolute and is limited by legitimate safety concerns. It establishes that a public accommodation can enforce a neutral safety policy that screens out individuals with disabilities, provided the policy is based on objective evidence of actual risk rather than stereotype. The decision gives significant weight to expert medical testimony, including that of the plaintiff's own physician, in validating the reasonableness of a defendant's safety-based actions. This precedent strengthens the position of transportation providers and other public accommodations when making difficult decisions involving the intersection of disability rights and individual passenger safety.
Unlock the full brief for Larsen v. Carnival Corp., Inc.