Cruise Line Defends Decision to Take Disabled Man Off Cruise

By JERRY WOLFFE
Of The Oakland Press

Wednesday, April 13, 2011

Celebrity Cruises says it offered a disabled senior citizen the chance to hire a private nurse before it forced him off of a vessel in Guadalupe during a 10-day cruise of the Caribbean.

Jim Keskeny, 66, formerly of Bloomfield Township, Wednesday said he rejected the offer because it was too expensive.

And, he added: “I can take care of myself when it comes to dressing, bathing and eating.”

The statement by the cruise line owned by Royal Caribbean Cruises, Ltd., called the Feb. 18 debarkation of Keskeny “regrettable” but necessary because Keskeny, who has multiple sclerosis and uses a wheelchair, was unable to care for himself on the chartered nude cruise. 

“While we provide extensive assistance to our disabled guests, such as boarding and departure assistance, and lifts for pools and whirlpools, we do not provide help with feeding, personal hygiene or using the lavatory,” the statement said.

However, Keskeny’s attorney, Richard Bernstein of Farmington Hills, said Royal Caribbean was putting up a smokescreen to paint his client as being an invalid.

Keskeny said when he booked the $4,000 stateroom his expectation was that he would have no difficulty on the ship since he was a seasoned traveler.

However, a couple of days after he slipped off a toilet in his stateroom, he was put off the ship in Guadalupe and was required to pay for his $1,500 flight fare back home.

“If his stateroom had been in compliance with the American with Disabilities Act Architectural Guidelines, my client would not have had any difficulty,” said Bernstein.

ADAAG requires toilets to be 19 inches high but Keskeny said his toilet was only 15 inches high and that caused him to slip.

A 2005 U.S. Supreme Court decision, Spector versus Norwegian Cruise Line,  requires that all vessels that enter or leave a U.S. port must be in compliance with the ADA.

“People are going on these cruises who are seniors and disabled with the expectation that their cabin is going to be ADA compliant and this is not the case,” Bernstein said.

“The only reason my client needed help was that the stateroom which Royal Caribbean claimed as accessible and ADA compliant was in violation of the federal law,” he added.

A message board, cruisecritics.com, had several comments from prior passengers who had occupied the identical suite on the same vessel who indicated that the stateroom was less than accessible.

Keskeny said that he is completely independent provided he has an accessible room.

The cruise line says on its website, www.celebritycruises.com, it has accessible cabins for those with disabilities.

Nancy Tiemann, founder of Bare Necessities Tour & Travel who booked Keskeny for the cruise, said Keskeny never indicated the extent of his disability.

Keskeny said, however, he never was asked to fill out a special needs form. He said when he purchased the ticket he was confident that his Sky Suite would be accessible.

“His needs were very extensive,” Tiemann told Cruise Critic. “He needed help every time he had to get out of bed and go the bathroom or to take a bath. These tasks aren’t something that cruise lines avail themselves to beyond normal duties.”

Caribbean spokeswoman Cynthia Martinez said there was no lip to the entryway as Keskeny said earlier and the room is accessible.

As for hiring a nurse, Keskeny said it was unreasonably expensive.

“I would have had to pay to fly the nurse from Miami to the ship in the Caribbean,” he said. “Why should I pay for such extensive care when I am independent?”

Tiemann said she believed Keskeny’s wife, Nancy, was supposed to be on the cruise, but became ill at the last minute.

“He chose not to tell anybody,” the statement said. “Had (we) known ahead of time what was going on, (we) would have told him not to come alone.”

The cruise line also said it requires all passengers booking an accessible cabin to complete a special-needs-guest form.

“They never mentioned to me when I was buying the ticket I had to fill out a personal needs form,” Keskeny said.

By signing the ticket contract, Keskeny gave up his right to sue for personal damages.

The most he can receive is reimbursement for the cost of the trip and returning home from Guadalupe, Bernstein said. However, the company is subject to oversight by federal court as to whether it is meeting ADA guidelines.

Staff writer Jerry Wolffe can be reached at 248-745-4612 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or follow him on Twitter as JerryWolffe1 or Facebook as Jerry Wolffe.