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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33404
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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My grandson has spina bifida. While on a Carnival cruise the

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My grandson has spina bifida. While on a Carnival cruise the people with camp carnival refused to take him to lunch with the other children. Is this not a violation of his rights under the A.D.A.or at least a violation of his civil rights?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
It could be.
The first thing you have to determine is where it occurred. If it didn't occur in American waters then it wouldn't be a violation of the ADA since the ADA only applies to actions which occur in American territories.
Next, you have to examine why the counselor refused to take him to lunch with the other children and whether there was an accommodation requested or that could have been made to allow the attend the lunch.
The ADA doesn't require that a child with a disability attend the exact same activities as the other children. As an example, if one of the the programs that was offered was football then the law wouldn't require that a child in a wheelchair be allowed to play running back. On the other extreme, if there was no specific reason that the child couldn't have attended lunch with the other children and the counselor didn't allow it because the other children were "uncomfortable" about eating lunch with a child with spina bifida then it would quite obviously be a violation of the law, again assuming it happened in American territory.
As to civil rights not associated with the ADA the majority of civil rights are not protected from actions by private companies or individuals, only from actions by the government.
Please ask any follow up questions you have in this thread.

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