Norweigen Cruise Liquid Ban - Title 3 ADA Violation?

[NightGuardianAngel]

I just discovered that Norwegian Cruise does not allow non-alcoholic sodas and even bottles of water onboard.  What if someone had a medical condition or a disability that impairs a major life activity and requires such accommodations, such as someone with sleep apnea that requires a CPAP machine to treat the condition?  These machines require DI water to function and would require a couple of gallons of DI water to be brought onboard.  Policies cannot conflict with Federal Law if in United States waters.

Edited July 28 by NightGuardianAngel

[Anoynmous Phoenix]

Contact NCL and explain and you will be given a dispensation.

[debenson0723]

If you have a medical condition or disability, all you need to do is contact them and they will comply, even providing the water for a CPAP machine. But I am not aware of any condition that requires soda.

[FlGoodShips]

3 minutes ago, debenson0723 said:

If you have a medical condition or disability, all you need to do is contact them and they will comply, even providing the water for a CPAP machine. But I am not aware of any condition that requires soda.

Agree. We called and distilled water with extension cord was provided.

Also agree...soda for medical purposes???

Also, if you need drinking water, just bring your own water bottle and refill it.

Edited July 28 by FlGoodShips

[NightGuardianAngel]

10 minutes ago, debenson0723 said:

If you have a medical condition or disability, all you need to do is contact them and they will comply, even providing the water for a CPAP machine. But I am not aware of any condition that requires soda.

Thanks for the assistance.

 

The soda ban does not conflict with ADA, but their policy does ban bottled water being brought aboard may be an ADA concern especially since cruise ships are like floating hotels.  Carnival, Disney, Princess, and Royal Caribbean and any other cruise lines, to my knowledge, has no such ban.

Edited July 28 by NightGuardianAngel

[FlGoodShips]

5 minutes ago, NightGuardianAngel said:

The soda ban does not, but their policy does ban bottled water being brought aboard may be a concern especially since cruise ships are like floating hotels.  Carnival and Royal Caribbean and any other cruise lines, to my knowledge, has no such ban.

Just bring your own reusable water bottle/container and refill it. Ship water is great. No need to bring your own bottled water.

[NightGuardianAngel]

21 minutes ago, debenson0723 said:

If you have a medical condition or disability, all you need to do is contact them and they will comply, even providing the water for a CPAP machine. But I am not aware of any condition that requires soda.

There is no condition that requires soda that I am aware of and outside soda portion is not in violation of ADA.  The concern was just with the bottled DI water ban.  I never cruised with Norwegian, but have with Carnival and Royal Caribbean and brought a gallon of DI water onboard without any problems.

Edited July 28 by NightGuardianAngel

[ctlyf]

18 minutes ago, NightGuardianAngel said:

Thanks for the assistance.

 

The soda ban does not conflict with ADA, but their policy does ban bottled water being brought aboard may be an ADA concern especially since cruise ships are like floating hotels.  Carnival, Disney, Princess, and Royal Caribbean and any other cruise lines, to my knowledge, has no such ban.

Carnival does not allow you to bring on bottles of water... anything you bring onboard has to be cans. 

[debenson0723]

2 minutes ago, NightGuardianAngel said:

There is no condition that requires soda that I am aware of and outside soda portion is not in violation of ADA.  The concern was just with the bottled DI water ban.  I never cruised with Norwegian, but have with Carnival and Royal Caribbean and brought a gallon of DI water onboard without any problems.

As mentioned before, NCL will provide water needed for a medical condition. No need to carry on your own.

[kitkat343]

3 hours ago, debenson0723 said:

If you have a medical condition or disability, all you need to do is contact them and they will comply, even providing the water for a CPAP machine. But I am not aware of any condition that requires soda.

There are several options to treat low blood sugar, such as juice, honey,  hard candy, jellybeans or gumdrops  but regular (non diet) soda is also a possibility for diabetics.  I'm not sure if NCL is required to let you bring soda if they sell it onboard, but I'd recommend contacting the disability office and seeing what they say.

[Asawi]

3 hours ago, NightGuardianAngel said:

The concern was just with the bottled DI water ban.  I never cruised with Norwegian, but have with Carnival and Royal Caribbean and brought a gallon of DI water onboard without any problems.

As the replies given before you posted this there is no need to bring DI water since NCL provides it for you.

Great service, wouldn't you say?

[chengkp75]

In addition to the answers given above, OP needs to know that SCOTUS has found, in Spector v NCL, 20 years ago, that not all aspects of the ADA apply to foreign flag cruise ships.  Specifically, the Justices found that the "internal policies and procedures" of the ship do not fall within the jurisdiction of the ADA.  The bringing beverages onboard policy is one such "internal policy".

 

So, even if NCL didn't provide distilled water for medical reasons, which they do, and which they did even before they decided to make money selling it (we used to get requests for it, and filled them by taking an empty gallon jug to the engine room, and filling it directly from the evaporator), it would not be an ADA violation.

[chengkp75]

The only cruise ships that must be fully compliant with the ADA are NCL's Pride of America, a couple of the Lindblad expedition ships, the American Cruise Lines fleet of small ocean and river vessels, and a few other small cruise lines like Uncruise, Alaska Adventures, and some river cruise boats.  These are all US flag vessels.

[MeHeartCruising]

Every cruise line I have sailed has provided my distilled water (in gallon jugs) upon request, including NCL.  Without any issues.  Just ask for it, OP.  Most cruise lines have a way to request it in advance of your cruise.  Ask about it.  On occasion, my advance request fell through the cracks and I had to ask my cabin steward for the water.  It has always been supplied before bedtime.

Edited July 28 by MeHeartCruising

[graphicguy]

10 hours ago, FlGoodShips said:

Just bring your own reusable water bottle/container and refill it. Ship water is great. No need to bring your own bottled water.

That's what I always suggest.  Their water filtration systems on board are very impressive.  I've toured them.  My guess is a form of that is what's provided on board for CPAP's.  And yes, they bring it to you a little before bedtime.

 

While the water on board is very good, you can get large refillable bottles with filters in them and fill them at the water filling stations if you want yet another level of filtration.  I will not drink "filtered" water in those plastic bottles after I read where they contain shards of plastic in them.  NCL uses metal bottles of filtered water you can get on board.

 

As @chengkp75 (who knows way more than me), aside from POA, the ships are not registered in the U.S., and therefore not governed by ADA.

 

As @debenson0723 mentioned, I can't think of any reason why they would allow you to bring your own softdrinks on board.  

 

 

Edited July 28 by graphicguy

[chengkp75]

44 minutes ago, graphicguy said:

My guess is a form of that is what's provided on board for CPAP's.

These days, since they are charging for it, they use commercial bottled distilled water.  The only "guaranteed" completely distilled water onboard is directly from the evaporators, before it goes through the chlorination process.

[hallux]

8 hours ago, kitkat343 said:

but regular (non diet) soda is also a possibility for diabetics.

but since there are other options for bringing blood sugars back up, ones that NCL provides for free on board, they shouldn't be required to allow regular sodas to be brought on board as they already comply.

[1025cruise]

1 hour ago, MeHeartCruising said:

Every cruise line I have sailed has provided my distilled water (in gallon jugs) upon request, including NCL.  Without any issues.  Just ask for it, OP.  Most cruise lines have a way to request it in advance of your cruise.  Ask about it.  On occasion, my advance request fell through the cracks and I had to ask my cabin steward for the water.  It has always been supplied before bedtime.

I have been on a couple of cruise lines that charge for that gallon (Carnival and HAL come to mind).

I have been on one cruise line that doesn't provide it at all, but allows you to bring your own (Virgin).

[1025cruise]

On my first NCL cruise (before they went very hard handed on the ban) I was on a special diet and brought a case of protein shakes that I drank as my breakfast for the most part. I've since decided that when on vacation I can enjoy myself a little bit.

[Ellis1138]

This is the link to the form you fill out for special and medical needs.

https://nclh.my.salesforce-sites.com/AccessDeskForm/

 

Tell them you have a cpap machine. They provide 1 gallon of distilled water. Because I fill out the form, the water is there in my cabin on embarkation day.

Back in 2018, I was given medical dispensation to bring coconut water on board. I filled out the form, sent in my doctor's note and brought it in my carry on. (It was very heavy, and I now carry runner electrolyte tabs instead.)

I let them know I need a shower stool. They place it in my bathroom on embarkation day.

I let them know I have mobility issues. There is someone waiting to help me up and down the gangway.

I tell them about my food and other allergies. The room is cleaned without fragranced products and the assistant maitre d' at each restaurant takes my orders and the food is made specifically for me.

 

NCL has been one of the best, as far as lines I've cruised on. They are not violating any ADA laws.

[Ellis1138]

Forgot to mention, NCL has never charged me for the distilled water.

[chengkp75]

On 7/27/2024 at 11:50 PM, NightGuardianAngel said:

These machines require DI water to function and would require a couple of gallons of DI water to be brought onboard.

Just another misconception here, a CPAP uses about 8 ounces of water a night, so a gallon will last about 16 days.

[JennKach]

I was granted permission to bring liquid sugar-free margarita mixer.  NCL is pretty sparse on low sugar bar options so it gets boring for diabetics wanting to enjoy the unlimited beverage package. The powders don't taste nearly as good.  I also bring the small liquid flavoring drops but security doesn't flag those.

[CruisingSince1982]

We have never had a problem bringing distilled water for a CPAP, and if flying in, we just ask NCL for it.

 

[DCGuy64]

On 7/28/2024 at 7:04 AM, chengkp75 said:

In addition to the answers given above, OP needs to know that SCOTUS has found, in Spector v NCL, 20 years ago, that not all aspects of the ADA apply to foreign flag cruise ships.  Specifically, the Justices found that the "internal policies and procedures" of the ship do not fall within the jurisdiction of the ADA.  The bringing beverages onboard policy is one such "internal policy".

 

So, even if NCL didn't provide distilled water for medical reasons, which they do, and which they did even before they decided to make money selling it (we used to get requests for it, and filled them by taking an empty gallon jug to the engine room, and filling it directly from the evaporator), it would not be an ADA violation.

Thank you as always for your expertise, @chengkp75!