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

In July, President Obama signed the Cruise Vessel Security & Safety Act.  On the President's right side in the Oval Office was Sacramento resident and my friend, Laurie Dishman.  On his left side, Laurie's Congresswoman, Doris Matsui.

The new cruise law involves a remarkable story about the bravery of Laurie Dishman.  Laurie went on a Royal Caribbean cruise in February 2006 to celebrate her 35th birthday and her long friendship with her childhood friend, Michelle.  But instead of a fun cruise, a janitor with prior complaints of sexual harassment who was working as a part time security guard sexually assaulted Laurie in her cabin. 

When Laurie reported the rape, the head of the security department came into her cabin and sat on the bed where the rape occurred.  He handed her a statement form to complete and left her in the crime scene.  When Laurie was finally permitted to see the ship doctor, he handed her trash bags and told her to return to the cabin and collect her bed linens as evidence. 

Royal Caribbean thereafter refused to provide Laurie with copies of her own shipboard medical records or provide her with the name of the cruise line employee who raped her. 

In response to this outrageous treatment, Laurie reached out to her Congressional representative in California, Doris Matsui.  Congresswoman Matsui answered Laurie's plea for assistance, and called for a Congressional hearing to investigate the problem with crimes like this on cruise ships.

Congresswoman Matsui Goes after the Cruise Lines

Congresswoman Matsui began an investigation into the cruise industry.  She did not like what she found.  Royal Caribbean would not initially even commit to installing peep holes in the passenger cabin doors.  But Congresswoman Matsui was committed to helping Laurie and she found a number of allies in the House of Representatives, like Ted Poe from Texas, who are strong supporters of victim rights.  A sub-committee was formed to look into Laurie's case and other similar sexual assaults.  The sub-committee invited Laurie to testify about her ordeal.  But the cruise industry pushed back and tried to strike Laurie as a witness at the Congressional hearing.  From the time of the crime until the last hearing, the cruise lines spent $11,000,000 lobbying against the legislation.

As you will learn from the radio show the "Travel Guys Radio,"  the cruise line tried to wear Laurie down, but Laurie traveled from California to Washington D.C. 21 times at her own expense to tell her story in support of the new cruise safety law.  She appeared on the major television networks, cable news, and radio stations - and was interviewed by newspapers throughout the U.S.  

The "Travel Guys" interviewed Congresswoman Matsui who describes Laurie's bravery and the problems other crime victims experienced on foreign flagged cruise ships ("the cruise line didn't help her at all .  .  . ").  The interview of Congresswoman Matsui starts at 10:20 and ends at 20:10. 

Click here to play the radio interview: 

Laurie Meets President Obama in the White House 

Four and one half years after the crime on the high seas, Laurie was invited with Congresswoman Matsui to the White House by President Obama to watch him sign the new cruise law into effect.

Laurie's interview starts at 21:20 and ends at 30:00.

You can hear how Laurie went from a victim to a victim's advocate in order to protect others.  As Congresswoman Matui explains, "without Laurie Dishmans in the world this would not have happened." 

For information about the Cruise Vessel Security and Safety Act, consider reading:

Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4

Senate Unanimously Passes Cruise Safety Law

International Cruise Victims Celebrate New Cruise Safety Law in Washington D.C.

Cruise Vessel Security and Safety Act - Finally Making Waves   

A Cruise Defense Lawyer's Summary of the Cruise Vessel Security and Safety Act

Consider joining the International Cruise Victims organization.  Make a difference! 

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The success of the Cruise Vessel Safety and Security Act of 2009 (HR 3360) can be traced directly to Congresswoman Doris Matsui of Sacramento California.

Congresswoman Matsui's constituent, Laurie Dishman, called upon her three and one-half years ago after Ms. Dishman was a victim of a crime on a cruise ship operated by Royal Caribbean Cruises. 

We have discussed Ms. Dishman and Congresswoman Matsui in prior blogs - Congress Passes Cruise Crime Law and Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4. 

The following video is of Congresswoman's comments on November 17, 2009 shortly before Congress passed the cruise crime law: 

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In April 2008, I attended the Congressional Victim's Rights Awards Caucus Ceremony in Washington, D.C.  One of my clients and good friends, Laurie Dishman, was being honored by the Caucus.  Ms. Dishman had been raped on a Royal Caribbean cruise ship.  The cruise line mistreated her following the shipboard crime. 

Ms. Dishman became a zealous advocate for rape victims after experiencing first-hand how the cruise line treated her and tried to cover the crime up. She received an award from her Congresswoman, the Honorable Doris Matsui of Sacramento California.  The photo to the the left is of Congresswoman Matsui, Ms. Dishman, and her dad Bill Dishman. 

But this article is not about Ms. Dishman, who is one of the most amazing women in the world.  I will write about Ms. Dishman's trials & tribulations and her resounding victories in later blogs.  This is about another brave young woman, Jamie Leigh Jones.   

At the awards ceremony, Ms. Dishman and I met Ms. Jones.  Ms. Jones was also being honored by her Congressman, the Honorable Ted Poe of the 2nd Congressional District in Texas (Houston, Beaumont).  Congressman Poe has attended some of the hearings in Washington over the years regarding the problem with crimes on cruise ships.  He has been a consistent supporter of crime victims, including rape victims on cruise ships.

Ms. Jones attended the awards ceremony with her fiance, a member of the U.S. Navy, and her family. 

While receiving her award, Ms. Jones briefly explained what happened to her.  While working in Iraq for Halliburton/KBR, a military contractor, her co-employees drugged and then gang raped her. She was also locked in a container and told not to report the crime.

When she filed suit to hold the rapists and Halliburton responsible for the horrific crime, her employer moved to dismiss her lawsuit and send her to what is called "arbitration."  Halliburton had inserted language into her employment agreement which tried to take away her right to a trial by jury.  Halliburton wanted her case to be decided by a single "arbitrator", picked of course by Halliburton (and undoubtedly a man), in a confidential setting.  She also had no right to appeal the arbitrator's decision.

I was dumbstruck to think that a rape victim could lose all of her legal rights and be subject to a "kangaroo court" where the same company who hired her rapists would also hire the arbitrator who would decide her case.  It seemed like being raped again.  

Halliburton's lawyers insisted on enforcing the "arbitration" scheme they prepared to rig the legal proceedings in favor of the corporation. The matter went on appeal to the Court of Appeal for the Fifth Circuit. 

The Court of Appeal recently ruled in favor of Ms. Jones.  The Court held that her claims for assault and battery, intentional infliction of emotional distress, negligent hiring, retention, and supervision, and false imprisonment are not subject to arbitration.  The Court's opinion is available online to review.          

The magazine Mother Jones covered Ms. Jones' story in an article entitled "Court Okays Halliburton Rape Trial."  It is worth a read.

There are corporations in the U.S., including cruise lines, who have modeled themselves on the Halliburton approach of let's-screw-our-employees-with-an-arbitration-agreement. Like Halliburton's lawyers, the cruise lines' lawyers have been plotting to deprive their employees of their rights. Some cruise lines are worse than others.  In subsequent blogs, I will discuss how some particularly bad cruise lines are scheming to strip their injured crew members - including rape victims - of their right to jury trials and U.S. maritime rights which have existed for 200 years.  

The Fifth Circuit's decision tells employers that you can't take away rights via arbitration when your employees drug, brutalize, and falsely imprison a young woman.  

The Court saw through Halliburton's arbitration scheme, and its secret kangaroo court. 

Now Ms. Jones can now seek justice in a court of law in front of a jury of her peers, rather than one of Halliburton's business partners. 

Photo Credits

Photos of Laurie Dishman - International Cruise Victims organization

Photo of Ms. Jamie Leigh Jones - ABC News 

Photos of Ms. Jones and Congressman Ted Poe -  Website of Honorable Ted Poe, 2nd Congressional District of Texas

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