Carnival reverses course, accepts Cuban passengers for homeland cruise
By Boris Sanchez and John Couwels, CNN
Updated 1741 GMT (0041 HKT) April 19, 2016
Story highlights
Carnival now says it will accept bookings on its May 1 cruise to Cuba
regardless of passengers' country of origin
A lawsuit claims the cruise line had discriminated against Cubans who
previously weren't allowed to book tickets
Carnival says the policy is a result of a Cuban law that prohibits Cuban
citizens to travel by boat
Miami (CNN)When Carnival Corp. announced plans for a cruise ship from
its Fathom line to sail from Miami to Havana in May, Francisco Marty
jumped at the opportunity to surprise his kids with a trip back to their
native land.
But Marty, who's cruised so many times that he's a Platinum VIP in the
company's rewards program, was shocked when a representative told him he
couldn't go on the inaugural trip because of where he was born: Cuba.
Now, as travelers get their bags ready for the first cruise to Cuba in
more than 50 years, Marty is part of a new class-action lawsuit claiming
that Carnival is discriminating against Cuban-Americans looking to
travel to their homeland.
The lawsuit, filed by Marty and fellow traveler Amparo Sanchez, alleges
that the company is violating federal civil rights laws and
discriminating against Cubans by denying them tickets.
'A Cuba decision'
A spokesperson for Carnival responded to the lawsuit in a statement,
writing, "This is not a decision by our Fathom brand, but rather a Cuba
decision." The statement cites a Cold War-era Cuban law that does not
allow Cuban-born individuals to enter the country by ships, only via plane.
Carnival said the company has requested a change in the law and has been
working with the Cuban government on the issue for months.
On Monday, the cruise line reversed course and announced it will accept
bookings on its Fathom line from all travelers to Cuba, regardless of
their country of origin. The company said it's asking the Cuban
government that travel on its ships be treated the same as air charters
to Cuba and remains confident its negotiations "will result in a
positive outcome for everyone who wants to travel to Cuba, including
those who are Cuba-born."
The weeklong cruise is set to sail to Havana on May 1, also making stops
in Cienfuegos and Santiago de Cuba. Tickets start at $1,800 per person
excluding other costs, such as Cuban visas.
But if the Cuban government's decision on the matter is delayed past May
1, Carnival said, the company's first cruise to Cuba will be delayed, too.
"We want everyone to be able to go to Cuba with us," said Arnold Donald,
CEO of Carnival Corporation. "We remain excited about this historic
opportunity." If successful, the cruise will mark the first time in over
50 years that a cruise ship has sailed from the U.S. to Cuba, Carnival said.
Cuban officials haven't commented on the lawsuit. Previously, they've
said the policy that prohibits Cuban citizens from boarding boats came
about after the migrant crisis of the 1990s, when thousands of people
took to the sea in an effort to reach the United States.
Travelers in limbo
Meanwhile, Francisco Marty remains in limbo. His attorney, Robert
Rodriguez, said Marty has health issues that keep him from flying to the
island.
Marty took part in the 1961 Bay of Pigs invasion and had been hoping to
return to the beach he landed on to take "before" and "after" photos for
an exhibit at a Miami museum, Rodriguez said.
Then, he was told he wouldn't be allowed on board.
"They said, 'Sorry, you can't go because you're Cuban,' " Rodriguez
said. "That's just not the American way. You were given permission to
sail to Cuba, not break the laws of the U.S."
Attorney Tucker Ronzetti said the lawsuit against the cruise line will
continue. Monday's announcement, he said, doesn't go far enough.
"In our motion and in our case, we're looking only for an order from a
judge saying Carnival is mandated and shall not discriminate against
Cuban-born people in its bookings," Ronzetti said.
The attorney said he's been in contact with Carnival asking whether they
would consent to the order, but so far the company hasn't agreed.
Do similar cases set a precedent?
Rodriguez said he's confident the suit will succeed. One reason: the
U.S. government has weighed in on similar situations in the past.
Miami-based civil rights attorney John de Leon says there are at least
two similar cases in recent history. According to de Leon, Kuwait
Airways had a policy banning Israeli citizens from traveling between JFK
and London's Heathrow airport.
"The Department of Transportation came out very strongly. ... They said
they would not allow discrimination for anybody who is leaving an
American port," said de Leon.
The airline eventually suspended the flight altogether.
In a similar case, Norwegian Cruise Line canceled all port calls into
Tunisia after the Tunisian government refused to allow entry to a group
of Israeli citizens.
"The cruise ship had to balance its commercial interest verses its
interest not to discriminate," said de Leon, who is Cuban-American.
Kerry: 'Carnival needs to not discriminate'
U.S. Secretary of State John Kerry weighed in on the controversy last
week during a visit to Miami-Dade College, telling the Miami Herald:
"Carnival needs to not discriminate."
"The United States government will never support, never condone
discrimination. And the Cuban government should not have the right to
enforce on us a policy of discrimination against people who have the
right to travel," Kerry told CNN en Español.
"We should not be in a situation where the Cuban government is forcing
its discrimination policy on us. So we call on the government of Cuba to
change that policy, and to recognize that if they want full relations
and a normal relationship with the United States, they have to live by
international laws, not exclusively by Cuban laws," he said.
A spokesman for the State Department later clarified Kerry's remarks,
explaining that Kerry "in no way meant to convey that Carnival is
supporting policies that are discriminating against Cuban-American
travelers."
CNN's Patrick Oppmann contributed to this report.
Source: Carnival reverses course, accepts Cuban passengers for homeland
cruise - CNN.com -
http://edition.cnn.com/2016/04/18/americas/cuba-carnival-cruise-lawsuit/
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