Walker

ORDER GRANTING PLAINTIFFS’ MOTION FOR RECONSIDERATION; DENYING DEFENDANTS’ MOTION TO DISMISS

This is a suit under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 and California Civil Code section 54.1. Two disabled plaintiffs allege that defendants, Carnival Corporation and Carnival Cruise Lines, collectively “Carnival”, failed to provide accessible accommodations on a cruise ship. Presently before the Court is plaintiffs’ motion to reconsider that portion of our August 3, 1999, Order dismissing Carnival as defendants pursuant to an exclusive forum selection clause on plaintiffs’ tickets. The Court heard oral arguments on September 27, 1999, and is thoroughly briefed on these matters. For the reasons articulated below, the Court HEREBY GRANTS plaintiffs’ motion to reconsider our Order of dismissal and, having reconsidered, DENIES defendants’ motion to dismiss plaintiffs’ claims against Carnival.

I. FACTUAL & PROCEDURAL BACKGROUND

According to the complaint, plaintiff Christina Adams suffers from “severe chronic-progressive Multiple Sclerosis.” She relies upon a wheelchair for her mobility and is bowel and bladder incontinent. Plaintiff Bernard Walker is a…