Judge Considering Lawsuit Against Carnival Cruise

Two Cuban Americans are suing the cruise line for initially saying it was adhering to Cuban policy which forbids nationals to return to the island via sea.

Carnival is now saying the trips will not take place unless the policy changes.

But the plaintiffs lawyer, Tucker Ronzetti says their new proposal is just as discriminatory.

“Basically saying maybe we’ll allow Cuban-born Americans to get in the ship but they won’t be able to get off the ship, you can look at the island from your window but you won’t be able to enjoy all the services that everyone else will enjoy…it’s still a situation where Cuban-born Americans are being treated differently, they’re not enjoying the full measure of equality that they’re entitled too under the Civil Rights Act.”

Ronzetti says a judges’s order is necessary. “If they truly intend for Cuban-born Americans to be treated equally, they should without hesitation allow the judge to execute a consent order and they’re just simply unwilling to do that.”

The judge has yet to make a ruling.

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MIAMI (AP) — Two Cuban-American men are asking a Miami federal judge to guarantee they will not suffer discrimination on upcoming Carnival Corp. cruises to Cuba.

Carnival announced it will allow Cuban-born people to book passage on the trips, set to begin May 1. The company is negotiating with Cuba to change its policy prohibiting nationals from departing or returning to the island by sea. Carnival says if no agreement is reached, it will delay the first cruise in more than 50 years between the U.S. and Cuba.

One of the men’s attorneys said at a hearing Thursday that a judge’s order is necessary to ensure Carnival does not change its decision. Carnival says the decision will not change. The judge did not immediately rule. The exiles filed a lawsuit claiming Carnival’s previous adherence to the Cuban policy was discriminatory.

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Lawyers for Cuban-Americans Not Ready to Drop Discrimination Suit Against Carnival

By Jacob Gershman

Carnival on Friday announced that the Cuban government is allowing Cuban-born travelers to join the company’s historic cruise to the island next month.

But lawyers for Cuban-Americans who brought a discrimination suit against the company this month say they’re not ready to drop their complaint.

Friday’s development is a big turnaround from just a few days ago when Carnival was barring Cuban-born Americans from taking part in the first cruise to the island in more than 50 years. Carnival’s policy was the result of a longstanding Cuban ban on Cuban-born people returning to the Communist island by sea.

A federal lawsuit filed in the Southern District of Florida on April 12 accuses the world’s largest cruise-ship company and its new Fathom subsidiary of unlawful national-origin discrimination in a public place of accommodation, in this case a cruise ship. The suit, filed as a class action, has two named plaintiffs, both Cuban-born Americans.

Lawyers for the plaintiffs say they still object to the requirement that Cuban-born travelers who came to the U.S. after 1971 obtain a Cuban passport from the Cuban embassy in Washington, D.C., a step not required of other passengers.

“Everybody should be treated equally. That’s what we want,” plaintiffs’ lawyer Javier A. Lopez, of Kozyak Tropin Throckmorton LLP in Florida, told Law Blog on Friday. He called Carnival’s announcement a “huge step in the right direction.”

But he said they would be willing to drop their complaint if they see a written statement from Carnival assuring that Cuba won’t backtrack on lifting the ban. Cuba’s shift in policy was reported in Granma, the official newspaper of the ruling Communist Party.

Without a statement from the company guaranteeing entry, Mr. Lopez said he and his clients can’t be sure the country won’t change its mind.

A Carnival spokesman told Law Blog that the company is hopeful that the litigation would be resolved amicably.

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Historic Cuba cruise can sail with Cuban-born passengers, Carnival says

By Arlene Satchell

The first cruise from the U.S. to Cuba in more than 50 years will sail as planned May 1 after Carnival Corp. reached an agreement with Cuba that allows Cuban-born people to make the trips.

“We are set to sail,” Carnival CEO Arnold Donald said Friday during a phone conference. “This is a positive outcome, and we are extremely pleased.”

Earlier this week, Carnival had said it would delay the historic sailing if Cuba didn’t agree to reverse a decades-old rule that banned Cuban-born individuals from traveling to or from the island by sea.

The world’s largest cruise company drew heat after it earlier denied reservations to Cuban-born travelers while it continued to negotiate with Cuba. After a public outcry, protests and a discrimination lawsuit, Carnival decided to accept those reservations and delay the voyages if necessary.

“From the beginning, this was a top priority for us,” Donald said.

He said Carnival knew about Cuba’s rule early on, after receiving Cuban approval for its cruises, and had been working with Cuba to get similar treatment as air charters, which do not prohibit Cuban-born travelers.

“We were nervous when the ‘noise’ started, frankly [fearing] it could disrupt the process, but we’re glad we were still able to get it done,” Donald said.

Carnival is the first cruise company approved to sail from the U.S. to Cuba since the two nations began to relax trade and travel restrictions in December 2014. The cruises from Miami will operate on Carnival’s newest brand, Fathom, which specializes in travel for social causes.

Prices for the May 1 trip start at $2,662 per person double occupancy for an interior cabin, excluding Cuban visas, taxes, fees and port expenses, according to Fathom’s website.

All meals aboard the the 704-passenger Adonia as well as cultural experiences on board and several on-island activities are included in the fare. Cruise rates will vary by season.

The Adonia is smaller than many cruise ships and has no casino and no Broadway-style shows. Instead, the ship offers Spanish classes and other lessons in local culture and history.

In a statement Friday, Miami attorney Tucker Ronzetti, who represents two Cuban-American men who have sued Carnival and Fathom, said: “We look forward to the day when Cuban-born Americans are treated just like everyone else aboard one of those cruises and can enjoy complete equality of treatment without being subjected to special burdens from the government of Cuba. We hope Carnival will work with us to make this a reality.”

A U.S. District judge presiding over the lawsuit noted that even with the change, Cuban-born individuals appear to have more hurdles to clear to get visas to travel to the Communist-led island.

Reaction from the cruise industry was positive.

“We are happy to learn that Cuba will be welcoming all Americans — including those born in Cuba — to arrive by ship,” said Vicky Garcia, co-owner of Cruise Planners, an American Express Travel Representative in Coral Springs that has more than 1,000 home-based franchised travel agents.

“This shows how the voice of the cruise industry can positively impact humanity,” added Garcia, a Cuban-American born in Miami.

In a statement, trade group Cruise Lines International Association said it welcomed the Cuban government’s “positive and fair decision” to allow all American citizens equal opportunity to visit Cuba.

“The cruise industry understands the power that travel has to bring learning and understanding between nations and cultures. … CLIA fully supports the rights of all people to travel freely and have the opportunity to experience a wide range of destinations. Every step that nations take towards open access and free interchange between citizens is a step in the right direction.”

Cuba’s reversal of the ban not only extends to cruises but also to commercial vessels, Donald said.

He expects it to apply to other cruise brands within the company once they receive their own approval from Cuba to send cruises there.

Oceania Cruises continues discussions with Cuban officials seeking approval to begin cruises to Cuba later this year, said Frank Del Rio, president and CEO of Oceania’s parent company, Norwegian Cruise Line Holdings.

“I am extremely pleased with the announcement that all Americans, regardless of their place of birth, will be able to travel to Cuba aboard cruise ships,” said Del Rio, who was born in Cuba and immigrated to the United States in 1961.

“I am very much looking forward to sailing to Cuba soon aboard one of our ships in the company of many fellow Cuban-Americans and other fellow Americans who wish to share in the excitement and passion that cruising to Cuba brings.”

Donald said interest in cruises from Cuban-born customers has been low compared with the total number of people considering going to the island.

“We hope now that will increase,” he said. “Now that the uncertainty is gone and for those who were hesitating, it’s now time to book.”

Fathom’s president, Tara Russell, said the Cuba cruises have been attracting “tremendous interest.”

“The phones are flying off the hook, and that’s a good thing,” said Russell, who joined the conference call Friday from the Dominican Republic, where the Adonia is docked on its first weeklong cruise from Miami. “We’re hoping to see a diverse mix sailing with us.”

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Cubanos celebran en Miami “victoria” contra discriminación en Cuba

Los cubanos en Miami celebraron este viernes que el gobierno castrista desistiera de su política de no permitir que los nacidos en Cuba y nacionalizados como estadounidenses pudieran entrar a la isla por mar.

“Esta es una victoria de todos, es un paso positivo en la dirección correcta, que saludamos”, expresó Ramón Saúl Sánchez, presidente del Movimiento Democracia, quien lideró la semana pasada una manifestación contra Carnival en la sede principal de la empresa, en Doral.

Temprano esta mañana, Cuba informó que permitirá la entrada a su territorio a los cubanoamericanos que lleguen en cruceros a apartir del 26 de abril, según anunció el periódico Granma.

Esto ocurre cuatro días después de que Carnival dejara saber que los pasajes estaban disponibles para cualquier viajero, incluidos los cubanos, aunque aclaró que el crucero inaugural, previsto para el 1 de mayo, sería retrasado si Cuba no cambiaba su política hacia los nacidos en la Isla.

Cuba autoriza la entrada de cubanos que llegarán a la isla en cruceros

Carnival recibió la semana pasada varias protestas, e incluso una demanda, tras su negativa inicial de venderles boletos a cubanoamericanos interesados en formar parte del viaje histórico que tendrá lugar el mes de mayo por obedecer una ley cubana de 1999 que restringía la entrada de cubanos por mar.

Para el abogado Javier López, de origen cubano, ha sido una mañana “muy emotiva” porque nunca pensó que el Gobierno cubano iba a cambiar esta política, “especialmente con la animosidad que tienen contra los cubano-estadounidenses”.

López es socio del bufete Kozyak Tropin & Throckmorton, que presentó la semana pasada una demanda colectiva por discriminación contra la compañía, que fue interpuesta por dos pasajeros que no pudieron comprar pasajes para viajar a Cuba en el barco Adonia, de la nueva línea de Carnival, Fathom.

El abogado aclaró que, a pesar del anuncio de la compañía y La Habana, el proceso legal sigue en pie hasta tener por escrito un documento de Carnival en el que se garantice que “todos los cubanos sean tratados con igualdad, si estar sujetos a cargas especiales del Gobierno cubano”.

Y es que la comunidad cubana quiere seguir manteniendo la presión sobre la compañía de cruceros y, por ende, sobre Cuba.

En este sentido, el Directorio Cubano mostró su recelo y consideró que el anuncio de hoy se trata de una “papa caliente” que Carnival le pasó al régimen de Raúl Castro.

Orlando Gutiérrez, fundador del grupo, dijo a Efe que si el régimen de Cuba quiere, puede negar las visas a los cubanoestadounidenses, que están sometidos a comprar un pasaje sin saber si obtendrán ese permiso, que cuesta hasta 425 dólares para aquellos que dejaron Cuba después de 1970.

“Aquí no ha cambiado nada, se mantiene la discriminación y represión, esto es un juego de palabras”, lamentó el exiliado, que sin embargo, aplaudió que la presión, aunque sea, ha ayudado a cambiar “el discurso”.

En el mismo sentido se expresó el Centro por una Cuba Libre, que señaló en un comunicado que “el boicot contra Carnival aún es necesario hasta que la empresa ya no sea cómplice de las políticas discriminatorias de La Habana contra los cubano-estadounidenses”.

La Fundación para los Derechos Humanos en Cuba, resaltó por su parte que esta “alegría” no debe hacer perder de vista que la discriminación “es solo uno de los numerosos abusos y violaciones de los derechos humanos que sufre la diáspora cubana”.

A pesar de todo ello, el presidente del Movimiento Democracia espera que este cambio “estimule a dar otros pasos” como detener el maltrato a las Damas de Blanco y a la oposición cubana por “ejercer pacíficamente su derecho”, y liberar los presos políticos.

El exiliado expresó que preveía que el Gobierno de Cuba “iba a reconocer algo porque era muy fuerte el rechazo a la discriminación”.

“Ellos (el Gobierno cubano) siempre han gozado de mucho capital político producto del desacuerdo con Estados Unidos para justificar cualquier cosa, pero en este caso eso se acabó”, señaló Sánchez.

Tras un proceso de acercamiento que comenzó en diciembre de 2014, los Gobiernos de Cuba y Estados Unidos restablecieron sus relaciones diplomáticas en julio de 2015, que este año además propiciaron en marzo la histórica visita del Presidente Barack Obama a la isla.

Carnival aseguró hoy que “trabajó en estrecha colaboración con Cuba” para permitir que sus cruceros puedan operar de manera similar a los vuelos chárter que conectan EE.UU. con Cuba.

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Cuban exiles to judge: Don’t let Carnival discriminate

By Curt Anderson, Associated Press

Two Cuban-American men are asking a Miami federal judge to guarantee that they and other Cuban exiles will not suffer discrimination on upcoming Carnival Corp. cruises to Cuba.

Carnival reversed course this week and announced it will allow Cuban-born people to book passage on its trips to Cuba. Previously, Carnival had said it was barring Cuban-born people from buying tickets for the Cuba cruises scheduled to begin May 1 because the Havana government prohibits Cuban nationals from departing or entering the island by sea.

Tucker Ronzetti, attorney for the Cuban exiles who sued Carnival claiming civil rights violations, said at a hearing Thursday that a judge’s order would ensure the company doesn’t change its latest decision.

“They could change their minds in the future,” Ronzetti told U.S. District Judge Marcia Cooke, who did not issue an immediate ruling.

Carnival attorney Stuart Singer said the company is negotiating with Cuba to change its policy and repeated the company’s pledge that if the policy remains in place, none of its ships will sail to the island. The 704-passenger Adonia, a ship of Carnival’s Fathom brand, plans to sail every other week from Miami to Havana, Cienfuegos and Santiago de Cuba.

“There’s not going to be a change,” Singer said of Carnival’s new Cuban-exile ticket plan.

The cruises would be the first between the two nations in more than 50 years and are part of the thaw in relations between Washington and Havana. Yet the Cuban exile ticket dispute also shows much work is ahead in relations and business between the two former Cold War foes.

Cooke, who is African-American, said it appeared clear to her the previous Carnival policy not to sell tickets to Cuban exiles was discriminatory under U.S law. Even with the change, she said Cuban-born people appear to have more hurdles to clear to get travel visas, something she compared to past racial discrimination in the U.S.

“I’m equating this to the old voting test requirements in the American South. If you were a certain skin color, you had to pass a 20-question test on the minutiae of the U.S. Constitution,” she said.

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Cuban exiles to judge: Don’t let Carnival discriminate

By Curt Anderson, Associated Press

Two Cuban-American men are asking a Miami federal judge to guarantee that they and other Cuban exiles will not suffer discrimination on upcoming Carnival Corp. cruises to Cuba.

Carnival reversed course this week and announced it will allow Cuban-born people to book passage on its trips to Cuba. Previously, Carnival had said it was barring Cuban-born people from buying tickets for the Cuba cruises scheduled to begin May 1 because the Havana government prohibits Cuban nationals from departing or entering the island by sea.

Tucker Ronzetti, attorney for the Cuban exiles who sued Carnival claiming civil rights violations, said at a hearing Thursday that a judge’s order would ensure the company doesn’t change its latest decision.

“They could change their minds in the future,” Ronzetti told U.S. District Judge Marcia Cooke, who did not issue an immediate ruling.

Carnival attorney Stuart Singer said the company is negotiating with Cuba to change its policy and repeated the company’s pledge that if the policy remains in place, none of its ships will sail to the island. The 704-passenger Adonia, a ship of Carnival’s Fathom brand, plans to sail every other week from Miami to Havana, Cienfuegos and Santiago de Cuba.

“There’s not going to be a change,” Singer said of Carnival’s new Cuban-exile ticket plan.

The cruises would be the first between the two nations in more than 50 years and are part of the thaw in relations between Washington and Havana. Yet the Cuban exile ticket dispute also shows much work is ahead in relations and business between the two former Cold War foes.

Cooke, who is African-American, said it appeared clear to her the previous Carnival policy not to sell tickets to Cuban exiles was discriminatory under U.S law. Even with the change, she said Cuban-born people appear to have more hurdles to clear to get travel visas, something she compared to past racial discrimination in the U.S.

“I’m equating this to the old voting test requirements in the American South. If you were a certain skin color, you had to pass a 20-question test on the minutiae of the U.S. Constitution,” she said.

The comparison applies to Carnival and other cruise lines because, like a hotel or a dime store lunch counter, its ships that sail from U.S. ports are considered public accommodations that must adhere to U.S. anti-discrimination law, Ronzetti said — even if the laws originate from another country.

“We cannot let another nation export its discrimination to us,” he said.

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Attorneys speak out on Carnival, Cuba controversy in court

MIAMI (WSVN) — A cruise controversy is now docking in court after hundreds of passengers upset at a policy they call discriminatory are filing a lawsuit.

There is still uncertainty about whether the cruise to Cuba will actually set sail from PortMiami, May 1. Although Carnival Corporation changed its policy when it comes to Cuban-born passengers, many new questions linger.

Carnival attorneys talked for the first time about the behind-the-scenes negotiations they’re having with the Cuban government. “One of the cardinal principles of diplomacy is that governments do not want to be viewed as being forced to do something,” said Carnival attorney Stephen Zack. “We want this to succeed.”

They won’t say who they’re talking to or how high up the negotiations have gone, but they’ve made one thing clear: Their Fathom ship will not sail next Sunday if Cuban-born Americans are not allowed.

The attorneys that have filed a lawsuit against Carnival said that is not enough. “I think we’ve made definite progress, but we haven’t taken it all the way to the goal line,” said Tucker Ronzetti, who is suing Carnival Cruise Line.

That progress has come after protests, lawsuits, and after Secretary of State John Kerry got involved. But in federal court, Thursday, new questions came up.
Even if Cuba allows Cuban-born Americans to sail, how difficult will it be for them to get visas? They could have to go all the way to the embassy in Washington D.C. and even then, attorneys said there wouldn’t be any guarantees. “It’s only open between 9 a.m. and noon, and it is difficult, if not impossible to get through,” Ronzetti said.
But Carnival said they’ve hired an outside company to help passengers navigate the visa process.

The federal judge had some questions as well, and asked whether the Cuban-born passengers will have to wait on the ship and drink piña coladas while everyone else got off at Cuban ports.

Carnival lawyers said they don’t want it to be a cruise to nowhere. “What more could Carnival have done? Carnival has done everything it could. It is continuing to work as hard as it possibly can to change any concerns that may have been expressed,” Zack said. “We believe we are going to be successful.”

The Carnival attorneys said they simply cannot control the Cuban government or their immigration policies. The federal judge will now have to decide whether the lawsuit can move forward. It remains to be seen whether the ship will leave PortMiami next Sunday. Carnival officials said they are optimistic it will.

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Cuban exiles to judge: Don’t let Carnival discriminate

By Curt Anderson, Associated Press

Two Cuban-American men are asking a Miami federal judge to guarantee that they and other Cuban exiles will not suffer discrimination on upcoming Carnival Corp. cruises to Cuba.

Carnival reversed course this week and announced it will allow Cuban-born people to book passage on its trips to Cuba. Previously, Carnival had said it was barring Cuban-born people from buying tickets for the Cuba cruises scheduled to begin May 1 because the Havana government prohibits Cuban nationals from departing or entering the island by sea.

Tucker Ronzetti, attorney for the Cuban exiles who sued Carnival claiming civil rights violations, said at a hearing Thursday that a judge’s order would ensure the company doesn’t change its latest decision.

“They could change their minds in the future,” Ronzetti told U.S. District Judge Marcia Cooke, who did not issue an immediate ruling.

Carnival attorney Stuart Singer said the company is negotiating with Cuba to change its policy and repeated the company’s pledge that if the policy remains in place, none of its ships will sail to the island. The 704-passenger Adonia, a ship of Carnival’s Fathom brand, plans to sail every other week from Miami to Havana, Cienfuegos and Santiago de Cuba.

“There’s not going to be a change,” Singer said of Carnival’s new Cuban-exile ticket plan.

The cruises would be the first between the two nations in more than 50 years and are part of the thaw in relations between Washington and Havana. Yet the Cuban exile ticket dispute also shows much work is ahead in relations and business between the two former Cold War foes.

Cooke, who is African-American, said it appeared clear to her the previous Carnival policy not to sell tickets to Cuban exiles was discriminatory under U.S law. Even with the change, she said Cuban-born people appear to have more hurdles to clear to get travel visas, something she compared to past racial discrimination in the U.S.

“I’m equating this to the old voting test requirements in the American South. If you were a certain skin color, you had to pass a 20-question test on the minutiae of the U.S. Constitution,” she said.

The comparison applies to Carnival and other cruise lines because, like a hotel or a dime store lunch counter, its ships that sail from U.S. ports are considered public accommodations that must adhere to U.S. anti-discrimination law, Ronzetti said — even if the laws originate from another country.

“We cannot let another nation export its discrimination to us,” he said.

Click here for the original article.

Cubanoamericanos podrán viajar en crucero a Cuba

Cubanoamericanos

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