Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

Yesterday evening, the International Cruise Victims (ICV) organization hosted a reception in Washington D.C. to celebrate the passing of the Cruise Vessel Safety and Security Act.

The reception was held in the Capital building and was well attended by Congressional leaders and their staff, members of the ICV, members of victim and rape crisis non-profit organizations, and the press. 

The highlight of the reception included the appearance of Congresswoman Doris Matsui (D - CA) who introduced the new cruise safety bill in the House of Representatives after her constituent, Laurie Dishman, was a victim of a violent crime on a Royal Caribbean cruise ship.  Congressman Ted Poe (R - TX) also attended and spoke at the reception.     

ICV President Ken Carver spoke to the group and chronicled the formation of the ICV and the struggle against the cruise industry over the past  five years to get the cruise safety law passed. 

Consider reading Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4 to learn more about the efforts to pass the new cruise law. 

Congratulations to Congress and the ICV members for their dedication and hard work!

Enjoy the photographs of the reception below:

Above: Congresswoman Doris Matsui (CA - D), CNN's David Fitzpatrick, and ICV President Ken Carver.

Below: Ken Carver with former New York Times and LA Times Editor Douglas Franz.

Below: Ken Carver and ICV members and supporters.

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This was a historic week in the world of cruising.  

Congress passed the Cruise Vessel and Safety Act, which will help make cruising safer for U.S. families.  Cruise lines will be required to install peepholes in cabin doors, maintain anti-retroviral medications and rape kits for victims, improve crime evidence handling procedures and - for the first time in the history of the cruise industry - report crimes to the U.S. Coast Guard and the FBI.  

Congress also passed the "SPILL Act" (H.R. 5503) which removes the limitation of liability  for shipping companies, and amends the Death On The High Seas Act (DOHSA) to permit families to recover compensation when they lose a loved one on the high seas - whether it is on a drilling rig or a cruise ship.  In so doing, Congress finally repealed an archaic and wicked law that has inflicted additional pain on cruise victims for the past ninety years.  

These pieces of legislation are the results of the dedication and hard work of families of U.S. citizens killed in international waters, including members of the International Cruise Victims (ICV).  The ICV is a grass roots, non-profit organization comprised entirely of volunteers who have been a victim of a crime on a cruise ship or lost a loved one during a cruise.

These two new laws are truly historic. But you would never know it by reading the hundreds of cruise websites and travel-writer blogs.    

There are literally thousands of travel agents and travel writers who I follow daily on Twitter.  But not one blogger mentioned either one of these new bills.

The problem is that many of the travel writers and most of the cruise bloggers are shills for the cruise industry.  They sell cruises or advertise cruise banners on their web sites.  Many cruise lines invite them on all-expense-paid cruises in exchange for favorable cruise reviews.

The exception is Arthur Frommer, of the famous Frommer's Travel Guides, and his daughter Pauline Frommer who covers travel stories in her blog "Daily Briefings."  Ms. Frommer covered the cruise safety law in an article entitled In the Wee Hours This Morning, Cruising Just Got a Heckuva Lot Safer.  Mr. Frommer re-printed his daughter's article, and added a few personal comments, in A Cruise Line Safety Act Has Quietly Passed the House of Representatives.      

The Frommers explain the key provisions of the new law and recognize the remarkable efforts of the ICV over the past five years. 

Mr. Frommer acknowledges that "even the travel trade press has failed to take more than the barest notice of proposed legislation in Congress that would require the cruise lines to tighten up safety . . . "

The new maritime laws were passed only after years of resistance and millions of dollars of lobbying by the cruise industry's trade organization - the Cruise Line International Association (CLIA) - which is comprised of 16,000 travel agents.  CLIA has a cozy relationship with many travel writers who choose not to offend the CLIA cruise lines by writing anything negative about the foreign flagged cruise industry.  We have touched upon this subject in Travel Writers and the Ethics of Reporting Cruise News.

CLIA unsuccessfully worked behind the scenes lobbying against the SPILL Act in an effort to deny the widows and children of the oil workers killed in the BP Deepwater Horizon disaster from receiving compensation - a disgusting spectacle we reported on in Cruise Industry Joins Forces With BP to Deny Death Compensation to Grieving Families

So it should come as no surprise that most travel writers and the CLIA cruise bloggers chose not to touch these stories.

But it is refreshing to see travel writers with integrity and ethics like Mr. Frommer and Ms. Frommer write about the cruise safety law which will protect the cruising public.   

July 7, 200 Update:

TNOOZ (Talking Trave Tech) has an interesting blog about my blog: "Are Travel Writers Shills For The Cruise Lines?"  A number of travel writers are commenting.

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Last night, the U.S. Senate unanimously passed a safety bill for cruise passengers which will require cruise ships to reports crimes on the high seas to the FBI and the U.S. Coast Guard. 

The bill will require the cruise industry to comply with a number of security provisions including specific rail heights, peep holes, warning devices, and cabin security measures.  The requirment that cruise lines must inform the FBI of disappearances and sexual assaults is important, because Cruise Lines Often Don't Report Crimes.

The bill is called the "Cruise Vessel Security and Safety Act" (H.R. 3360).  It was authored by Congresswoman Doris Matsui (D-CA).  Congresswoman Matsui (photo left) began convening hearings on the issue of cruise line when her constituent, and our client Laurie Dishman (pictured with her father Bill), approached her after being sexually assaulted aboard a Royal Caribbean cruise ship in 2006.

The cruise safety bill is the result of the dedication of the International Cruise Victims (ICV) (photos of members below). We reported on the ICV's hard work last fall - Congress Passes Cruise Crime Law.

The House of Representatives passed the bill last November. We reported on this historic development last year in Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4.

Congresswoman Matsui commented that the safety bill "is a critical and common-sense fix which will provide safety and security to Americans who go on cruise vacations without realizing they are not protected under U.S. laws when they leave its territorial waters."

“H.R. 3360 will improve the safety and security of all cruise ship passengers traveling in and out U.S. waters,” said Rep. Matsui. “Current law doesn’t pass the test of providing common-sense security measures to the traveling public to help protect them from crimes committed aboard ships or to adequately prevent individuals from going overboard. Moreover, current law does not provide the support victims and their families need in the event of a disaster. This legislation is critical to providing the security and safety measures that all Americans need and deserve, no matter if they are on land or at sea.”

Senator John F. Kerry championed the cruise bill in the Senate.  His constituent, Merrian Carver, disappeared under suspicious circumstances from the Celebrity Mercury cruise ship.  The cruise line, Royal Caribbean / Celebrity Cruises, did not alert law enforcement. Her father, Ken Carver, mounted an investigation which exposed a cover up.  Mr. Carver then created the ICV to assist other passengers victimized on cruise ships.

Take a moment and read and watch the video: Ken Carver Fights for Cruise Ship Safety and Ken Carver Pushes For Cruise Law After Daughter "Disappears" From Celebrity's Mercury Cruise Ship

Senator Kerry issued a statement on the passing of the safety bill: “Murky lines of jurisdiction are no longer an excuse for risking the safety of millions of Americans who will board cruise ships this year. I applaud my colleagues for helping to ensure that security, safety, and accountability be strengthened to hold criminals accountable and end the cycle of serious crimes on these vessels.”

Mr. Carver commented "When the cruise safety legislation is signed into law, it will serve to protect Americans across the nation during what ought to be relaxing vacations. Without Congresswoman Matsui's efforts in the House and Senator Kerry's efforts in the U.S. Senate, this legislation would not have moved forward.”

After minor differences between the House and Senate version are reconciled, President Obama will sign the bill into law by July 4th! 

Congratulations to the ICV for taking these steps to protect familes on cruise ships.  Cruising will be safer due to your efforts. 

For additional news coverage, read: 

"Senate Passes Historic Cruise Safety Bill: Smith Family Applauds Measure" from the Greenwich Post. 

Cruise Safety Bill Heartens Greenwich Victim's Family - regarding family of George Smith IV.

"Cruise Ship Crime Law Closer To Reality"  WCVB TV5 (ABC) - Boston.

"Senate Passes Cruise Safety Bill, 5 years After Greenwich Man's Disappearance" from the Greenwich Post.

"Senate Passes Cruise Ship Safety Measures" from the South Florida Business Journal.

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The Paradise Valley United Methodist Church in Arizona dedicated a bronze statue in remembrance of Merrian Carver, the daughter of Carol Carver and International Cruise Victims president Ken Carver.

We have written about Merrian's "disappearance" in 2004 during a cruise to Alaska, and Mr. Carver's five year battle to reform the cruise industry: 

Ken Carver Fights for Cruise Ship Safety 

Family Wins Battle Against Cruise Ship Industry After Daughter's Disappearance

The local newspaper in Paradise Valley, the Town of Paradise Valley Independent, ran a story about the dedication entitled "Paradise Valley Church Members Dedicate Statue."  The statute is called the "Gift of Life" based on a poem written by Merrian called "The Butterfly."

Senator Kyl from Arizona and Congresswoman Matsui from California submitted letters of thanks and recognition for the efforts of Mr. and Mrs. Carver and the International Cruise Victims for working to improve the safety of the cruising public. 

Congresswoman Matsui who introduced the Cruise Vessel Safety and Security Act of 2009, wrote:

The beautiful bronze statue being dedicated today, depicting a young woman, book in hand, enables Merrian's spirit to live forever in this picturesque garden outside of the church that was such an integral part of her life . . . 

I want to take this opportunity to not only congratulate you on the completion of this monument, but also to recognize the tremendous efforts of those who have been personally impacted by crimes committed on cruise vessels.  Despite facing insurmountable losses, brave men and women have tirelessly worked toward ensuring that other do not have to endure the pain caused by these senseless acts.

As the author of the Cruise Vessel Security and Safety act, I admire the strength and unwavering commitment of Ken and Carol Carver and so many other members of the International Cruise Victims Association, who have tirelessly worked as passionate advocates for recent victims and who have so clearly articulated the need for higher safety standards on cruise vessels.  Their stories have captured the eyes, the ears, and the hearts of lawmakers who begun considering legislation intended to ensure the safety and security of all cruise passengers . . .

The statue was created by talented artist Bob Scheelings, who is pictured here with Mr. and Mrs. Carver.

At the moment when the stone foundation for Merrian's statue was being laid, Mr. Carver received an email from Washington. 

The communications director and legislative assistant for Congresswoman Matsui announced that the House of Representatives was voting on the cruise safety bill and expected the bill to pass overwhelmingly. 

Mr. Carver was in the prayer garden when he realized that five years of dedication on behalf of his daughter were culminating in the passage of the safety bill to protect other families. 

Those of you of faith know that there are no coincidences like this in life . . .    

Credits:

Photographs    Courtesy of Carol and Ken Carver

Other photographs are available on my Flickr page - Dedication of Prayer Garden Statue - Merrian Carver. All photographs are courtesy of the Carver family.

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In a previous article "Congress Passes Cruise Crime Bill," I thanked the International Cruise Victims (ICV) organization for their efforts in enacting the Cruise Vessel Security and Safety Act of 2009. I  also thanked Congresswoman Doris Matsui (D-CA) for her leadership in enacting this ground breaking bill.  Congresswoman Matsui has been working on this legislation for the past three years after her constituent (and our friend and client) Laurie Dishman was sexually assaulted on a Royal Caribbean cruise ship in February 2006.  

I failed to mention the family whose efforts initiated the legislation, George III and Maureen Smith and their daughter Bree Smith of Greenwich Connecticut.  After George IV disappeared from Royal Caribbean's Brilliance of the Seas in July 2005, the Smiths contacted their Congressman, Chris Shays (R-CT), who convened a series of hearings in December 2005 and March 2006.  He also attended a cruise safety hearing in March 2007 convened by Congressman Elijah Cummings (D-MD).   

The Smith family brought a great amount of much needed publicity to the issue of passenger "disappearances" and the shoddy manner in which cruise lines respond to such tragedies.   

Congressman Shays introduced legislation in 2006 which, although not passed by Congress, laid the groundwork for the introduction of the current cruise safety bill.  (Congressman Shays recently lost re-election and the new Congressman from the Smith's district is Congressman Jim Himes). Congressman Shays is shown in the photo debating cruise safety issues with Anita Dunham-Potter.

Two newspapers in Connecticut have reported on the new cruise law.  Joan Lownds of the Greenwich Post wrote an article entitled "Cruise Safety Bill is Passed by U.S. House Today."  Ms. Lownds reports that the Smith family formed the International Cruise Victims (ICV) with Ken Carver whose daughter disappeared from a cruise ship operated by Celebrity Cruises, a subsidiary of Royal Caribbean. The ICV has lobbied for improved safety and transparency regulations on cruise ships.

The article quotes the Smith family: “Hopefully with the passage of the Cruise Safety Bill, the voices of the victimized and missing from cruise ships, as well as their families, will no longer be ignored and silenced."

Also reporting from Connecticut is the Connecticut Post.  In an article entitled "Greenwich Victim's Family Heartened by Legislation's Progress," the Smith family is quoted: 

"If one family can be spared the torment that our family has experienced in our battle for answers and justice for George as a result of the passage of the cruise security and safety legislation, then our efforts have not been in vain."

Here is a video of an interview in 2006 by CBS's Hannah Storm of the Smith family discussing their feelings following the loss of George Smith IV: 

Photo Credits:  CBS / The Early Show

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Today, the House of Representatives passed the Cruise Vessel Safety and Security Act of 2009.  This is a remarkable event.  For the first time in the history of the cruise industry, cruise lines are now required to report crimes which occur on cruise ships to the U.S. Coast Guard and the FBI.  There has been an epidemic of rapes on cruise ships over the years, and the cruise industry is notorious for its lack of transparency and its cover up of such crimes.

This is quite a milestone. No one in South Florida has the courage to take on the cruise industry and enact legislation like this. Victims had to look 3,000 miles away from Miami - the Cruise Capital of the World -  to a leader in Sacramento, California to get the job done.

Thank You Congresswoman Matsui and the International Cruise Victims Association

The bill is the result of the hard work of the International Cruise Victims ("ICV") association, led by Ken Carver whose daughter Merrian disappeared on a cruise ship operated by Celebrity Cruises, a subsidiary of Royal Caribbean Cruises. The legislation was introduced by California Congresswoman Doris Matsui (D-CA) whose constituent, Ms. Laurie Dishman was sexually assaulted on a Royal Caribbean cruise ship.  Ms. Dishman is a client and good friend of the firm.  She has worked tirelessly with the other ICV members to make sure that legislation like this is enacted to protect the traveling public.

The new cruise law also requires that rape victims on cruise ships be promptly given anti-retroviral medications in order to prevent the victims from developing HIV/AIDS and other sexually transmitted diseases. 

Our firm is representing a woman who was recently raped on a Princess Cruises ship.  The ship doctor and the Princess Cruises fleet medical department refused to provide the victim with such medications.  The cruise line's recklessness needlessly endangered the young woman's health and life. Now, there will be culpability when cruise lines act irresponsibly following a cruise ship crime.   

The ICV issued a press release today:

Press Release of the International Cruise Victims     

The International Cruise Victims Association (ICV) applauds House passage today of critical language authored by Congresswoman Doris O. Matsui (D-CA) ensuring the safety of cruise ship passengers on the high seas. Matsui’s Cruise Vessel Safety and Security Act of 2009, included in H.R. 3619, the Coast Guard Reauthorization Act of 2010, requires cruise lines to report all crimes aboard cruise ships to both the United States Coast Guard and the FBI. The first measure of its kind, this legislation represents a historic step toward securing the safety all passengers need and deserve.

“I recognize today as a milestone in our fight for justice,” said Congresswoman Matsui. “I originally became involved in this issue because of a young woman, Laurie Dishman, from my hometown of Sacramento. Laurie was sexually assaulted while on a cruise ship, and was left to fend for herself. My legislation will not only help protect and empower future victims, but it contains important reforms that will help change the culture of the cruise industry and prevent future attacks from happening.”

ICV has been advocating for these measures to be adopted since 2006, participating in countless meetings with members of Congress, and three Congressional hearings. The hearings were held at the urging of Rep. Matsui, with the support of Transportation and Infrastructure Committee Chairman Jim Oberstar (D-MN) and Chairman of the Subcommittee on Coast Guard and Maritime Transportation Elijah Cummings (D-MD). Senator John Kerry (D-MA) introduced corresponding legislation in the U.S. Senate, which also held hearings, and the bill was passed unanimously out of the Commerce, Science and Transportation Committee. Now that the bill has passed the House, the bill will need to pass the full Senate before being sent to the President to be signed into law.

As this crucial legislation moves forward, it serves as a sign to many among the ICV’s community of followers that progress is being made toward ensuring the safety of Americans abroad. The measure approved today is a major victory in the fight for cruise passengers’ rights. ICV President Kendall Carver expressed his hopeful outlook as the legislation has been approved by committee in the Senate. “Adoption of this bill would be proof to the world that our small group of volunteers with limited funds has been able to make a difference in the safety of Americans. When the Cruise Safety legislation is signed into law, it will serve to protect Americans across the nation during what ought to be relaxing vacations.”

“Congresswoman Matsui has taken the lead in the House on this issue, and her efforts have made the difference in moving this legislation forward,” Carver continued. “Her efforts are appreciated by myself and all other victims and their families that are members of International Cruise Victims Association. Without Ms. Matsui’s efforts in the House and Sen. Kerry's efforts in the U.S. Senate this legislation would have not moved forward and we are forever indebted to both of them. I look forward to the upcoming Senate floor vote and the President’s signature as soon as humanly possible.”

Currently, cruise ships operating under foreign flags of convenience are not required under U.S. law to report crimes occurring outside of U.S. territorial waters. Legislation approved today will ensure that crimes committed while aboard cruise ships do not escape the jurisdiction of American law enforcement. Title IX requires cruise ships to comply with design and construction standards, such as specific rail heights, peep holes, warning devices and cabin security measures. The bill also requires that vessels are equipped with a video surveillance system to assist in documenting and prosecuting crimes, and it requires vessels to maintain a log book to record reports on specified complaints. Finally, once enacted, vessels will be required to contact the nearest FBI office as soon as possible to report incidents involving homicide, suspicious deaths, missing U.S. nationals, kidnapping, assault, and other serious occurrences.

The International Cruise Victims Association, Inc. (ICV) is a not for profit corporation formed by victims and families of victims of cruise crimes.

Photo Credits      International Cruise Victims ("ICV")

1. Honorable Congresswoman Doris Matsui, Laurie Dishman, Bill Dishman

2. ICV members Mark Brimble, Ken Carver, Son Michael Pham

3. ICV members in Washington DC

4. ICV members Ron and Sue DiPiero 

5. ICV members Lynnette Hudson, Ken Carver      

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