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Latest from cruise law news, another crew member on disney dream arrested for possessing child sexual abuse material.

U.S. Federal agents arrested a man working as a crew member for Disney Cruise Line on two federal charges for possessing numerous child sexual abuse material, according to a criminal complaint filed yesterday in the U.S. District Court for the …

Silver Nova Experiences Gastrointestinal Outbreak as the Silversea Cruises’ Luxury Cruise Ship Sails to Fort Lauderdale

The Centers for Disease Control and Prevention (CDC) reports that the Silver Nova cruise ship operated by Silversea Cruises is experiencing a gastrointestinal (GI) outbreak which has sickened 23 of 633 passengers (3.63%) and 1 of 538 crew members (0.19%). …

Holland America Line Delays Over 13 Hours in Notifying U.S. Coast Guard After Crew Member Goes Overboard From M/S Rotterdam

On Saturday morning, Holland America Line (HAL)’s M/S Rotterdam arrived at Port Everglades after a six day cruise to Mexico and the Western Caribbean without one of its crew members. HAL didn’t realize that one of its ship employees disappeared …

Cruise Ship Dancer Employed on Miami-Based Cruise Line Arrested on Child Pornography Charges

A dancer employed on an unidentified cruise ship was recently arrested in Broward County on one charge of possession of child pornography and a second count of receipt and distribution of child pornography.

Twenty-six year old Jamaal Wade appeared in …

Twenty-Year Old Passenger Goes Overboard From the Liberty of the Seas Cruise Ship

A twenty-year old man cruising with his family went overboard late last night as the Royal Caribbean Liberty of the Seas was returning to Port Everglades following a four day cruise to the Amber Cover cruise port in the Dominican …

Crystal Cruises Risked Crew Member Lives By Sailing Crystal Symphony Through Strait of Bab el-Mandeb into the Red Sea

Today noted maritime historian, mariner, and host of the popular maritime YouTube page “ What’s Going On With Shipping ?” Sal Mercogliano  posted a reference to the Crystal Symphony sailing the Red Sea:

While a lot of focus has been on #Baltimore , in the #RedSea the cruise ship…yes, cruise ship #CrystalSymphony of Crystal Cruises just transited an area that half the world's ships are avoiding. THE LOVE BOAT!!! pic.twitter.com/FTmUhI9Dph — Sal Mercogliano (WGOW Shipping) 🚢⚓🐪🚒🏴‍☠️ (@mercoglianos) April 2, 2024

Yes, the Crystal Cruises ship actually …

Miami-Dade Police Arrest Passenger on Charges He Molested 13 Year-Old Girl on Carnival Conquest

Miami-Dade police officers arrested a cruise passenger from Indianapolis, Indiana last Friday on charges that he molested a teenage girl on a recent Carnival cruise, according to Miami’s local 10 News .

Police arrested Jason LeFavour, age 44, when the …

Carnival Cruise Lines: Watch Your Kids!

Today, I watched a TicTok video posted by Crystalmerier3 who recently went on a four day vacation cruise from Galveston, Texas to ports in Mexico with her seven-year old daughter. During the cruise, they went together to a movie on …

Breaking News: Carnival Incorporates in the U.S. & Subjects Itself to U.S. Tax, Labor, Wage, Safety & Environmental Regulations

In an exclusive story, Cruise Law News has learned that cruise industry giant Carnival Corporation plans to incorporate its business in the United States (in Florida). Carnival intends to announce this historic development tomorrow, April 2nd, at Carnival’s headquarters in …

Two Crew Members Killed in Engine Room Accident on Holland America Line’s Nieuw Amsterdam Cruise Ship

On Friday, March 22, 2024, an explosion in the engine room of Holland America Line’s (HAL) cruise ship resulted in the release of steam which led to the death of two crew members. The catastrophic explosion, combined with a series …

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F.B.I. Says Video Voyeur Hid Camera in Cruise Ship Bathroom

The bureau arrested a passenger aboard the Harmony of the Seas for allegedly recording more than 150 passengers, including 40 minors, in a public bathroom.

By Ceylan Yeginsu

The Harmony of the Seas cruise ship, one of the biggest in the world, with its multiple-deck water slides, zip line and surf simulators, is a favorite among families. But the discovery of a hidden camera in a public bathroom during a recent sailing has many passengers questioning their enthusiasm after the F.B.I. said that minors who appear to be as young as 4 or 5 years old had fallen victim to video voyeurism onboard.

According to an F.B.I. affidavit in support of the criminal complaint and arrest warrant, on April 30, a day after the Royal Caribbean ship departed from Miami for a seven-night eastern Caribbean cruise, a man identified as Jeremy Froias allegedly hid a Wi-Fi camera in a top deck bathroom, pointing its lens toward the toilet. The bathroom was located close to one of the ship’s surf simulators and many passengers used it to change into their swimsuits.

A day later, the camera was spotted by a passenger who reported it to the ship’s security staff. They found hours’ worth of footage showing more than 150 people, including what appear to be at least 40 minors — some of whom were at least partly naked, the charging document said.

The ship stopped in Puerto Rico, where the F.B.I. arrested Mr. Froias and charged him with video voyeurism and attempted possession of child exploitation material.

“Individuals are seen coming into the bathroom to either use the toilet or to change into or out of swimsuits,” the affidavit says. “Froias’s camera captured these individuals in various stages of undress, including capturing videos of their naked genitals, buttocks and female breasts.”

Mr. Froias is a former cybersecurity officer for the Central Florida city of Kissimmee. Footage retrieved from the camera shows Mr. Froias installing the device, the affidavit said. During an interview with the cruise ship security personnel on May 1, he admitted to placing the camera in the bathroom, according to court documents.

Leo Aldridge, a San Juan-based lawyer representing Mr. Froias, declined to answer questions about the case. “Mr. Froias has not been indicted at this time. Therefore, because no criminal charges have been formally filed at this juncture, we have no comments,” he said in a written statement.

The F.B.I. did not return a request for comment.

Mr. Froias appeared for a detention hearing in Puerto Rico this week, and a federal judge ordered his release on the condition that he pay a $25,000 bond, wear an electronic monitoring device and surrender his passport. He is not allowed to access the internet or have unsupervised contact with minors under the age of 18, including his two children.

Jim Walker, a Miami-based maritime lawyer who has represented victims in other voyeurism cases, questioned the amount of the bond. “A $25,000 bond might be appropriate for a single victim, but considering there are at least 150 victims and many dozens of children, according to the F.B.I. affidavit, a bond should not be less than $1,000,000,” he said. He said he has been contacted by passengers who were on the Harmony of the Seas during the incident.

Passengers said Royal Caribbean had failed to notify them about the hidden camera during and after the sailing. They said they found out through the media and an F.B.I. notice seeking to identify potential victims .

“It’s terrifying that passengers and their children were filmed secretly while they were naked using the bathroom,” said April Wise, 52, who was on the cruise with her husband and niece. “Thankfully, we didn’t use that bathroom, but thousands of people were on the ship and they still don’t know if they were filmed or not. It’s unacceptable that Royal Caribbean has not contacted the victims.”

Royal Caribbean declined to comment, but emailed a statement, saying: “We are aware of an incident that occurred on board Harmony of the Seas’ April 29 cruise. The matter was immediately reported to local and federal law enforcement and the guest involved was removed from the ship by authorities for further investigation. As this is an active case, we are unable to share any more details at this time.”

It is not the first time that such an incident has occurred on a cruise ship. In March, an MSC Cruises crew member was caught filming women in a restroom . In 2017, a family found a hidden camera pointing toward their bed in their stateroom on board the Carnival Fantasy, but after conducting an investigation the cruise company said the camera had not been operational.

“It’s so easy for predators to buy small cheap cameras these days,” Ms. Wise said. “Checking for them needs to be part of cruise ship security protocol.”

Follow New York Times Travel on Instagram and sign up for our weekly Travel Dispatch newsletter to get expert tips on traveling smarter and inspiration for your next vacation. Dreaming up a future getaway or just armchair traveling? Check out our 52 Places to Go in 2023 .

Ceylan Yeginsu is a travel reporter. She was previously a correspondent for the International desk in Britain and Turkey, covering politics; social justice; the migrant crisis; the Kurdish conflict, and the rise of Islamic State extremism in Syria and the region. More about Ceylan Yeginsu

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Tomorrow Our Blogging Series Continues with Jim Walker of Cruise Law News

Last week Carolyn Elefant joined me as we kicked off a new series on behalf of LexBlog of live conversations with leading legal bloggers.

Tomorrow the series continues with a live interview with Jim Walker, publisher of Cruise Law News , a maritime-law blog where the motto is, “Everything the cruise lines don’t want you to know.”

No doubt, there’s been a lot they don’t want you to know of late, providing plenty to write about for Walker, a Miami lawyer who has been involved in maritime litigation since 1983 and who has been blogging about it since 2009.

The interview will take place on Zoom and via Facebook Live tomorrow, July 2, at 1 p.m. E.T. It’s free to watch but registration is required.

You can register here .

Crystal Symphony changed course, kept passengers an extra day. Can cruise ships do that?

Passengers on board Crystal Cruises' Crystal Symphony were kept on board an extra day when the ship changed course after the issuance of an arrest warrant for the ship  because of unpaid fuel bills. 

On Saturday, the ship sailed to Bimini after skirting its planned disembarkation in Miami where the ship may have been met by a U.S. marshal. Initially, the ship was meant to return to Miami on Saturday, ending a round-trip cruise that began Jan. 8, according to  Cruise Mapper .

Passengers and some crew, apart from a skeleton crew who will continue to man the ship, disembarked Sunday in Bimini, Elio Pace told USA TODAY on Sunday. Pace is a United Kingdom-based performer who was working on board Crystal Symphony.

"We are all safely on this ferry and have said goodbye to the ship," he said before the ferry departed for Fort Lauderdale – the cruise line's solution for transporting passengers to Florida after its divergence to Bimini.

Sunday evening, Crystal Cruises told USA TODAY in a statement shared by spokesperson Vance Gulliksen that passengers were provided overnight accommodations and are "well cared for" on board. Sunday, the cruise line provided passengers transport to local airports and PortMiami after they were ferried to Port Everglades in Fort Lauderdale, a trip that the line said was rough due to inclement weather.

"This end to the cruise was not the conclusion to our guests’ vacation we originally planned for," Crystal Cruises said.

With a cruise scheduled to end in a different country on a different day, some are wondering whether the situation is allowed. One Twitter user even suggested the situation was something like a "kidnapping."

So, can a cruise ship keep passengers on board past their disembarkation date for a non-technical reason like it did this weekend? USA TODAY spoke to experts to find out.

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'Turning into a nightmare': Norwegian cancels sailing mid-cruise, passengers to be stuck on board for days

Can cruise lines change itineraries?

The short answer is yes, according to Jim Walker, an attorney who runs Cruise Law News, a site with a tag line that reads, "Everything Cruise Lines Don't Want You to Know."

Walker told USA TODAY that like any other cruise line, Crystal has the right to change the itinerary and ports of call. He cited item nine of its ticket terms and conditions which are listed on the cruise line's website .

"Ending up on the tiny island of Bimini in the Bahamas rather than back in Miami where they’re making their connecting flights is a significant change, but the cruise line can legally do this pursuant to the onerous terms and conditions in its passenger tickets," Walker explained.

"Whether they realized it at the time, cruise passengers unwittingly agreed to all of the terms and conditions in the cruise passenger ticket, including the right of Crystal Cruises at its sole option and discretion, to alter the itinerary and substitute ports," he said.

Was it an appropriate choice to change itinerary based on the circumstances?

Itinerary changes are common and allowed. But Crystal Cruises "didn't want to go to Miami because then if they did the vessel could be arrested," Michael Winkleman, a cruise attorney, told USA TODAY. 

"Certainly they can change the itinerary but that doesn't mean it's appropriate, and it may leave the door open to passengers bringing lawsuits against them," he said.

Does what happened classify as 'kidnapping'? 

Cruise attorney Michael Winkleman told USA TODAY on Sunday that what happens fits the legal elements of what kidnapping is "strictly speaking."

"But no one would ever prosecute particularly if it’s just a day or two on a luxury cruise," Winkelman said.  

Walker agreed.

"It is a form of kidnapping to the extent that those passengers not agreeable to being taken to Bimini as opposed to Miami were taken against their will," he said. 

But that doesn't mean "kidnapping" would stand up in a court.

"Legally speaking, the cruise guests gave contractual permission to the cruise lines to take them wherever the cruise lines wanted," Walker said. "Remember, the seizure order (i.e. arrest warrant) can be enforced only in a U.S. port. That’s why Crystal Cruises, which registers its ships in the Bahamas, diverted to a port in that feckless country in order to evade and avoid U.S. jurisdiction."

Could passengers sue for what happened?

Winkleman noted that if they felt the need, passengers could sue for what happened. He doesn't believe the application of the cruise line's contract that notes itinerary changes would apply in this particular situation.

"I don't think it would be a bar to a lawsuit," Winkleman said. 

Walker, too, agreed a passenger could sue, "with the caveat that anyone can sue anyone." 

Any lawsuit filed isn't likely to be successful, Walker said.

"The legal relationship between a cruise passenger and a cruise line is determined by the terms and conditions of the contract between them," Walker said. "The cruise passenger ticket is considered to be the legally binding contract in effect. Pursuant to the contract which is drafted exclusively by attorneys for the cruise line for the benefit of the cruise line, the cruise line has a legal basis to alter the itineraries and substitute ports at its sole discretion."

People who were on the ship aren't fussed about the change in plans

From the ferry to Fort Lauderdale Sunday, Pace told USA TODAY that the atmosphere was "very calm" even with a delay.

"We boarded a couple of hours later than we wanted to," he said, noting there was a delay with two hours ahead of the ferry at sea.

While Pace expressed concern Saturday about the situation, he said the cruise line had handled things well Sunday.

"I have to say that Crystal (has) dealt with all of this so impeccably, keeping everybody informed at every opportunity," he said.

And passenger John Dresner, from the United Kingdom, told USA TODAY from the Crystal Symphony Saturday that the change in itinerary didn't throw too much of a wrench into his traveling group's plans.

"We had to change flights which actually wasn’t too bad, and we will be a day late home which, again, is not the end of the world for us," he said.

Both Pace and Dresner said Saturday that the ship's crew continued to feed and entertain passengers through the extra day on board.

And Walker said that the situation isn't that uncommon.

"What occurred may seem shocking to many people but it seems very much like business as usual as far as I’m concerned," he said.

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Cruise Law News

Everything cruise lines don, readers choice.

Blog Authors

Latest from cruise law news, another crew member on disney dream arrested for possessing child sexual abuse material.

U.S. Federal agents arrested a man working as a crew member for Disney Cruise Line on two federal charges for possessing numerous child sexual abuse material, according to a criminal complaint filed yesterday in the U.S. District Court for the Southern District of Florida (Broward County).

Tirso Anthony Neri, age 44, was identified in court …

Silver Nova Experiences Gastrointestinal Outbreak as the Silversea Cruises’ Luxury Cruise Ship Sails to Fort Lauderdale

The Centers for Disease Control and Prevention (CDC) reports that the Silver Nova cruise ship operated by Silversea Cruises is experiencing a gastrointestinal (GI) outbreak which has sickened 23 of 633 passengers (3.63%) and 1 of 538 crew members (0.19%). The predominant symptom reported by the CDC is diarrhea.

The CDC has not yet identified …

Cruise Ship Dancer Employed on Miami-Based Cruise Line Arrested on Child Pornography Charges

A dancer employed on an unidentified cruise ship was recently arrested in Broward County on one charge of possession of child pornography and a second count of receipt and distribution of child pornography.

Twenty-six year old Jamaal Wade appeared in federal court in Fort Lauderdale in case number 0:24-mj-06151-PMH. A special agent of the Federal …

Twenty-Year Old Passenger Goes Overboard From the Liberty of the Seas Cruise Ship

A twenty-year old man cruising with his family went overboard late last night as the Royal Caribbean Liberty of the Seas was returning to Port Everglades following a four day cruise to the Amber Cover cruise port in the Dominican Republic.

The Miami Herald reported that the passenger went overboard “about 57 miles off Great …

Crystal Cruises Risked Crew Member Lives By Sailing Crystal Symphony Through Strait of Bab el-Mandeb into the Red Sea

Today noted maritime historian, mariner, and host of the popular maritime YouTube page “ What’s Going On With Shipping ?” Sal Mercogliano  posted a reference to the Crystal Symphony sailing the Red Sea:

While a lot of focus has been on #Baltimore , in the #RedSea the cruise ship…yes, cruise ship #CrystalSymphony of Crystal Cruises just transited an area that half the world's ships are avoiding. THE LOVE BOAT!!! pic.twitter.com/FTmUhI9Dph — Sal Mercogliano (WGOW Shipping) 🚢⚓🐪🚒🏴‍☠️ (@mercoglianos) April 2, 2024

Yes, the Crystal Cruises ship actually transited the dangerous Strait of Bab el-Mandeb and sailed through the Red Sea where Houthi …

Miami-Dade Police Arrest Passenger on Charges He Molested 13 Year-Old Girl on Carnival Conquest

Miami-Dade police officers arrested a cruise passenger from Indianapolis, Indiana last Friday on charges that he molested a teenage girl on a recent Carnival cruise, according to Miami’s local 10 News .

Police arrested Jason LeFavour, age 44, when the Carnival Conquest returned to PortMiami, on a charge of “lewd and lascivious molestation of a …

Carnival Cruise Lines: Watch Your Kids!

Today, I watched a TicTok video posted by Crystalmerier3 who recently went on a four day vacation cruise from Galveston, Texas to ports in Mexico with her seven-year old daughter. During the cruise, they went together to a movie on the Lido Deck to watch Spiderman when mom went for about one minute to get …

Two Crew Members Killed in Engine Room Accident on Holland America Line’s Nieuw Amsterdam Cruise Ship

On Friday, March 22, 2024, an explosion in the engine room of Holland America Line’s (HAL) cruise ship resulted in the release of steam which led to the death of two crew members. The catastrophic explosion, combined with a series of mistakes in responding to the accident, caused the deaths of HAL employees Joseph Terrado …

Scottish Man Overboard From the MSC Euribia – Sixth Person Overboard From a MSC Cruise Ship in Last Four Months

A twenty-three (23) year-old man from Scotland went overboard from the MSC Euribia last week. We first heard of the incident via an inquiry on Facebook asking for information about a young man missing from the MSC ship.

We subsequently learned that the full name of the passenger is “Liam Brody Wilkie Jones,” from Dundee, Scotland. …

Norovirus Outbreak on HAL’s Koningsdam Sickens 110 Passengers and Crew

A gastrointestinal disease outbreak aboard the Holland America Line (HAL) Koningsdam cruise ship has sickened 110 passengers and crew members, according to the Centers for Disease Control and Prevention (CDC).

The CDC found that 98 of 2,522 (3.89%) guests and 12 of 961 (1.25%) crew member have become ill with symptoms of diarrhea and vomiting …

clock This article was published more than  2 years ago

Scorned cruise customers are invoking a ‘passenger bill of rights’

Norwegian passengers are upset over their treatment on a ship that ran aground..

Norwegian Cruise Line customers upset about how they were treated after their ship ran aground in the Dominican Republic are claiming the company has violated rules contained in a “bill of rights” for passengers.

After stranding them on the Norwegian Escape for days and staging a chaotic exit out of the Caribbean by plane, the company has offered passengers a refund along with a credit for a future trip. But the episode has raised questions about the worth of a document that imposes no legal obligation on the industry it’s meant to check.

“There were clear violations of the Passengers Bill of Rights, and this must be addressed,” passenger Jason VanDyke, of Kalamazoo, Mich., said in a letter to Norwegian Cruise Line executives.

Joann Lynn of Oviedo, Fla., also pointed to the measure in her letter to the company. In an email to The Washington Post, she said she was aware that the nine-year set of rights existed before her March 12 cruise — but isn’t sure what good that does for her now.

“I do believe our rights were violated however the bill of rights does not include detail of ramifications or steps that passengers are to take when a violation occurs,” she said. “I do not have any idea how to proceed with a violation of those rights nor do I feel that I am empowered by knowing they even exist since it does not appear that we have any recourse when those rights are violated.”

Norwegian, which canceled the next two sailings on the Escape because of repairs, did not respond to a question about cruise passenger rights. Passengers on the Escape have complained that the company failed to communicate its plans, left passengers in port for hours as the ship sailed away, mishandled flight arrangements out of the Dominican Republic and left people to pay for their own accommodations after sending them back to Florida earlier than expected.

VanDyke and Lynn both said in their letters that they wanted accountability and acknowledgment from the company, as well as changes to keep a similar mess from unfolding in the future.

So what rights do cruise passengers have? We spoke to industry experts (and critics) to find out.

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What is the cruise industry passenger bill of rights?

The Cruise Lines International Association describes it as “an explicitly stated, publicly available set of policies” that member lines have agreed to voluntarily adopt. The policies are a condition of membership in the trade group for oceangoing cruise lines and apply to all passengers who book an ocean cruise on a member line around the world.

“The purpose of the passenger bill of rights is to provide transparency, consistency and accountability for cruise passengers detailing CLIA members’ commitment to the safety, comfort and care of guests in the rare event of a mechanical failure or shipboard emergency,” the trade association said in a statement.

Cruise line policies spell out that if there’s a conflict between their own guest ticket contract and the list of rights, the rights win out.

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What rights are spelled out?

It’s a fairly long list addressing issues that could arise due to an emergency or mechanical failure. It includes:

• The right to leave a docked ship if essential provisions can’t be provided (unless a captain’s concern for safety or customs and immigration requirements won’t allow it).
• When a sailing is called off or shortened because of mechanical problems, passengers have the right to a full or partial refund, depending on how much was canceled. If a voyage ends early because of mechanical failures, guests have the right to be taken to the port where it was scheduled to end or to their home city. They also have the right to lodging if they are forced to disembark and need to stay overnight in an unscheduled port.
• The right to timely information and updates about changes to the itinerary if an emergency or mechanical failure happens, along with updates about the status of those issues.
• The right to a ship crew that is properly trained in emergency and evacuation procedures.
• The right to have “professional emergency medical attention” available on ships that operate beyond rivers or coastal waters.
• The right to an emergency power source in the case of a main generator failure.
• Each cruise line’s website needs to include a toll-free phone line that passengers can call for questions or information about any aspect of shipboard operations.

Beware of what can go wrong on a cruise

How did the bill of rights come about?

The cruise industry adopted the measure in 2013, after a bruising couple of years. In 2012, the Costa Concordia hit a rock in the waters off the Italian coast and capsized in a disaster that killed 32 people.

The following year, a fire on the Carnival Triumph knocked out power and left the ship adrift for several days. Because of the unfortunate effect on the plumbing, the voyage became known as the “poop cruise.” The ordeal was reminiscent of a similar fire on another ship, Carnival Splendor, that suffered power loss in 2010.

Cruise lines came under pressure from lawmakers to adopt a set of guarantees for passengers, similar to the rights airline passengers have if they are bumped from a flight, if their flight is canceled or significantly delayed or if they are stuck on a tarmac for several hours.

Michael Winkleman, an attorney who sues cruise lines on behalf of passengers and crew, wrote in a message that he believes the bill of rights has been a positive development.

“All cruise lines follow it and it has resulted in significant improvements for cruise passenger rights since its inception,” he said.

How are they enforced?

This is where things can get murky. The cruise association says guests are entitled to full or partial refunds for canceled or shortened cruises due to mechanical problems. But while air travelers can easily file a consumer complaint with the Department of Transportation, there’s no similar form for issues related to a cruise.

Instead, the department says cruise consumers can report complaints by phone to the Federal Maritime Commission, which will contact a cruise line on the passenger’s behalf. The commission requires cruise operators that sail from U.S. ports to be financially capable of reimbursing customers if a cruise is canceled. Cruise companies also must be able to pay claims if they are liable for injury or death.

“The final resolution of such complaints or inquiries is a matter between the cruise line and the individual,” the Transportation Department website says, noting that consumers also have to initiate action on their own.

Jim Walker, an attorney who runs the Cruise Law News site, said he has never used the policy on behalf of a client and finds it useless for that purpose.

“There’s no mechanism to enforce these rights,” he said. “And there are no remedies, there are no damages. So it’s rather meaningless quite frankly. … There’s no consequence if they violate these so-called rights.”

More cruise news

Living at sea: Travelers on a 9-month world cruise are going viral on social media. For some travelers, not even nine months was enough time on a ship; they sold cars, moved out of their homes and prepared to set sail for three years . That plan fell apart, but a 3.5-year version is waiting in the wings.

Passengers beware: It’s not all buffets and dance contests. Crime data reported by cruise lines show that the number of sex crimes has increased compared to previous years. And though man-overboard cases are rare, they are usually deadly .

The more you know: If you’re cruise-curious, here are six tips from a newcomer. Remember that in most cases, extra fees and add-ons will increase the seemingly cheap price of a sailing. And if you happen to get sick , know what to expect on board.

Cruising is back. A new law has made lowriders legit

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As a teenager in the 1970s, Jovita Arellano would perch in the window of her family’s National City apartment to watch the candy-colored parade of lowriders cruise down Highland Avenue.

She loved how the light reflected off their chrome rims and the gleam of paint that had been meticulously polished. Cars would ride so close to the ground that any small shift in weight caused their undercarriages to scrape against the pavement.

“I’m going to get a lowrider,” she promised herself before she was even old enough to drive. “I don’t care what it takes.”

But cruising’s days were numbered.

Many California cities banned the activity in the 1980s, with opponents maintaining that cruising was associated with gangs and violence. Such accusations, according to cruisers, stemmed from stereotypes that the mostly Latino community has faced for years.

“It felt like we were rejected,” Arellano said. “We weren’t allowed to drive our cars down the streets.”

Then in 2021, a movement to decriminalize cruising began to take root in National City. What started as a local effort to end the ban led to a statewide endeavor — and eventually to the passage of AB 436 , a bill that legalizes cruising across California and repeals cities’ authority to individually outlaw the activity. The bill, signed into law last month by Gov. Gavin Newsom, also lifted a ban on vehicles that have any parts extending below the bottom of the rims.

For some in the lowrider community, the law — which goes into effect Jan. 1 — is a recognition of both their artistic expression and a car culture that for years has been outlawed.

Now a bit older, wiser and more organized, the same lowrider owners who in the 1980s and ’90s kept one eye on their rearview mirrors on the lookout for cops helped push through legislation that acknowledges their art. Dozens of car clubs and community organizers pulled together across California, reaching out to state legislators. After years as outsiders, they flexed their newfound political muscle.

“We weren’t taking ‘no’ for an answer,” Arellano said.

When she found out the bill had been signed, she said, she broke down in tears. As president of the United Lowrider Coalition, she was key to the AB 436 effort.

She recalled how, after National City banned cruising in 1992, she and other car owners took to the side streets off Highland Avenue, but officials closed those areas too.

Juan “Spanky” Ramirez, president of the Los Angeles Lowrider Community, said that ever since the bans, car owners and local authorities had played “a cat and mouse game.” He recalled driving to a clandestine cruise night only to see a line of tow trucks nearby, ready to remove any car that was found not to be “street legal.”

In 1974, Los Angeles officials attempted to get cruising under control on Van Nuys Boulevard by banning parking and turning the San Fernando Valley thoroughfare into a one-way street.

In 1982, the state Legislature gave cities the authority to ban cruising outright.

Critics said cruising interfered with local businesses, wasted law enforcement resources, impeded traffic and caused pollution and “undesirable noise levels.” Opponents continue to maintain that the activity is connected to crime. In opposing the recently passed legislation, the Peace Officers Research Assn., a federation of law enforcement agencies, argued that cruising is linked to narcotics, DUIs, assaults and gang violence.

The association did not respond to questions from The Times about data to back up that argument. In a statement, Brian R. Marvel, president of PORAC, said the organization opposed the bill because “one size does not fit all.”

“These decisions are best made at the local level rather than dictated from the state capital,” the statement read. “Giving local leaders the flexibility to work directly with their police department and community allows them to develop sensible, tailored solutions based on their community’s unique circumstances and priorities.”

The California Contract Cities Assn., which represents 85 cities that contract for public services, argued to lawmakers that cruising is “a public safety issue in many of our member cities.”

“The activity can create traffic control and congestion problems that then generate major logistical challenges,” the agency maintained .

Opponents also have tried to link cruise nights to “street takeovers” — the illegal and sometimes deadly events in which cars commandeer an intersection or street, burning rubber and driving at high speeds with spectators close by.

Lowriders — customized cars modified to drive as close to the ground as possible, sometimes with the help of lowered suspensions or hydraulics — have been around since the 1940s. The customized cars, which became popular with Chicano youths, often include detailed paint jobs. Those outfitted with hydraulics might ride down the street on cruise night, then lift one corner up with the flip of a switch or bounce down the street to the delight of spectators.

Although hot rods were made popular in the 1970s because of movies such as “American Graffiti” and muscle cars became a staple on Southern California streets, lowriders were designed to be low and slow. Years later, the cars have been acknowledged as rolling works of art, appearing in exhibitions at Paris’ Louvre Museum and the Smithsonian’s National Museum of American History.

Fans of lowriders say they’re more than a creative outlet, though. They’re a way of life.

Arellano would meet other lowrider owners on cruise nights, making lasting friends. She got involved in one of the first women’s car clubs in San Diego, the Specials. So when cruising was banned, she felt her community was being erased.

The cars are a point of pride, she said, with owners investing thousands of dollars — sometimes hundreds of thousands — to refurbish and transform them. Some work for months or years detailing their prized possessions. In some families, the cars are passed on for younger generations to care for, maintain and make their own.

With bans being enforced in cities across the state, Arellano said, lowrider owners often couldn’t drive down the streets of their own communities.

David Polanco, 54, recalled the determination and defiance of those days.

He started cruising in the 1970s with his older siblings. When the bans were first enacted and streets were blocked during cruising nights, he said, car clubs and lowrider owners continued to meet up. Drivers just kept an eye out for police or tow trucks. If cruise events were not an option, then car shows in parking lots and meet-ups were planned.

In the end, the bans were unable to stomp out cruising.

“If anything, the lowrider culture grew,” said Polanco, now president of the United Lowrider Council of San Jose and president of the Tu Sabes car club.

During the COVID-19 pandemic, there was a resurgence in cruising. With health officials asking people to avoid public gatherings and practice social distancing, car club members felt cruising was a logical solution: Drivers could stay in their cars and adhere to protocols, while spectators on the street — safely spaced apart — could enjoy the show.

Yet car clubs across the state began to get pushback from local officials, Arellano said. Once again, cruising bans were cited to put an end to such events. That motivated groups — including the United Lowrider Coalition — to organize and push for AB 436.

Ramirez said that, although he is excited about the new law, he’s in wait-and-see mode. The bans, he said, weren’t just about cruising but also about racial profiling. They provided an excuse, he said, for pulling over drivers to look for other infractions.

He now wonders if police will find other reasons to pull over lowriders.

“We still have to see how is this going to roll out,” he said.

Polanco said the bans have had a chilling effect that has to be overcome. They effectively isolated members from the community, he said, noting that he gave up cruising when he became a father because he couldn’t afford the risk of traffic tickets. And even though car clubs would organize community events, such as food and toy drives, animosity and distrust stemming from cruising bans meant that many of them did so without connecting with local officials and law enforcement.

More recently, however, car clubs have worked with local police and city officials, Polanco said. They’re learning how to navigate the system and advocate not just for lowriders but also for the wider community.

The Los Angeles Lowrider Community has met with the L.A. County Sheriff’s Department and the California Highway Patrol to discuss how car clubs and owners can work with officials when the cruising law goes into effect, Ramirez said, and the meetings have been productive.

“We’re getting out there doing these things, instead of being the negative stereotype,” he said. “We could do so much more with the city, [instead of] bumping heads.”

Lowrider events are now more family-oriented, Ramirez said. Car clubs are involved more in school, church and fundraising events.

“Now that we’re getting older,” he said, “we have businesses; people have changed their lives and they’re teachers, fathers.”

He said lowrider clubs in some jurisdictions work with law enforcement to make sure street takeovers are discouraged at their events.

“We all want a safe family environment to cruise in, so we have a responsibility to that,” Polanco said. “I have my granddaughter and my mom with me. I don’t want some guy to pull a gun, or drinking and driving.”

He might still be driving the same 1969 azure Chevelle he was riding in when he cruised as a teenager, but the scene has changed.

“Things have evolved,” Polanco said

For Arellano — who has lived the lowrider lifestyle since she was a teenager and bought a 1964 Impala for $67 — the passage of AB 436 was a dream come true.

Once on the fringes, lowrider owners are now organized, legally protected and recognized for their art.

“This is history,” she said, “knowing that they support your culture, the lowrider culture.”

Watch L.A. Times Today at 7 p.m. on Spectrum News 1 on Channel 1 or live stream on the Spectrum News App. Palos Verdes Peninsula and Orange County viewers can watch on Cox Systems on channel 99.

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Salvador Hernandez is a reporter on the Fast Break Desk, the Los Angeles Times’ breaking news team. Before joining the newsroom in 2022, he was a senior reporter for BuzzFeed News, where he covered criminal justice issues, the growing militia movement and breaking news. He also covered crime as a reporter at the Orange County Register. He is a Los Angeles native.

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Driverless cars immune from traffic tickets in California under current laws

Mounting concerns over self-driving cars — headlined by allegations that autonomous vehicle maker Cruise misled the California Department of Motor Vehicles about an accident in San Francisco that seriously injured a pedestrian — have some people questioning whether the state needs new laws and new watchdogs to govern the technology’s rapid expansion. 

City streets serve as testing grounds for hundreds of self-driving cars in California, despite ongoing safety concerns and gray areas surrounding law enforcement’s ability to cite robot cars when they violate traffic laws.

“I think all of us are still struggling to understand whether [driverless cars] really are safer than human drivers and in what ways they might not be,” said Irina Raicu, the director of the Internet Ethics program at the Markkula Center for Applied Ethics at Santa Clara University.

Autonomous vehicle makers say their cars need to keep logging miles to improve the technology and make them safer. Raicu pointed out, however, that much of the testing happens on city streets alongside human drivers and pedestrians, and there’s still much we don’t know about how the vehicles perform.  

“It seems like while they make fewer of the kind of mistakes that we see from human drivers, they make interesting new kinds of mistakes,” Raicu said. “It has the feel of a human subject mass experiment, right? Without the kind of consent that we usually want to see as part of that.”

Driverless double standard

Driverless cars have been documented running red lights, blocking emergency responders and swerving into construction zones.

But NBC Bay Area has learned that when driverless cars break the rules of the road, there’s not much law enforcement can do. In California, traffic tickets can be written only if there is an actual driver in the car. 

An internal memo from San Francisco Police Chief Bill Scott, obtained by the NBC Bay Area Investigative Unit, instructs officers that “no citation for a moving violation can be issued if the [autonomous vehicle] is being operated in a driverless mode.” 

Scott added, “Technology evolves rapidly and, at times, faster than legislation or regulations can adapt to the changes.”

While autonomous vehicles in California have received parking citations, the state’s transportation laws appear to leave driverless vehicles immune from receiving any type of traffic ticket stemming from moving violations.

“I think it sends a message that it’s not a level playing field, that fairness is not the priority,” said Michael Stephenson, the founder and senior attorney of Bay Area Bicycle Law, a law firm that specializes in representing cyclists in accident cases. 

Stephenson said that driverless vehicles don’t exactly fit into the state’s current legal framework and that California needs new laws to appropriately govern the evolving technology.

“We’re perhaps trying to shove a square peg into a round hole,” he said. “We are very much in the Wild West when it comes to driverless cars.”

Texas, Arizona rewrote traffic laws to allow ticketing of driverless cars

While driverless cars in California may seem to benefit from immunity to traffic tickets, that isn’t the case for autonomous vehicles in Texas. 

Texas, which rivals California as another popular testing ground for autonomous vehicles, changed its transportation laws in 2017 to adapt to the emerging technology. According to the  Texas Transportation Code , the owner of a driverless car is “considered the operator” and can be cited for breaking traffic laws “regardless of whether the person is physically present in the vehicle.”

Arizona, another busy site for autonomous vehicles, took similar steps. In revising its traffic laws,  Arizona declared  the owner of an autonomous vehicle “may be issued a traffic citation or other applicable penalty if the vehicle fails to comply with traffic or motor vehicle laws.”

Waymo’s product management director, Chris Ludwick, acknowledged the technology isn’t perfect but said  Waymo’s research  has shown its driverless cars are already “safer than human drivers.” A study recently  released by Cruise  noted similar findings when researchers compared crash rates of human drivers with those of its autonomous vehicles.

“While there have been examples pointed out where driverless cars continue to need to improve, we can keep doing that,” Ludwick said. “And when we make an improvement once, that’s fixed in our system — the whole fleet gets better. And so the technology is only getting better from here, and it’s already really good.”

Neither Waymo nor Cruise has experienced a single traffic-related death since they deployed their driverless vehicles. Waymo vehicles have traveled more than 7 million driverless miles, while Cruise’s have logged more than 5 million miles. However, some question whether that’s enough of a track record, because human drivers, on average, cause one death about every 100 million miles driven, according to the National Highway Traffic Safety Administration.

“Whether the police department has the jurisdiction to cite a driverless vehicle, we certainly do everything we can to ensure the car’s behavior is good,” Ludwick said. “I think the reality is that autonomous vehicles are being held to the highest standard.”

Lawmaker presses for more oversight of driverless car industry

Yet some question whether the state needs to reassess how it regulates the industry.

“We’re using the public square basically as a laboratory for trial and error,” said Sen. Dave Cortese, D-San Jose, who recently launched a probe into how the DMV both issues and revokes permits for driverless car companies in California.  

Cortese said his investigation is also focused on safety standards, as well as recent issues involving Cruise’s fleet of driverless cars.

Cruise's fleet of driverless cars remains off the road

In August, state regulators gave the green light for General Motors’ Cruise and Google’s Waymo to expand and start collecting fares as their fleets of robotaxis shuttle passengers across San Francisco.

But in October, Cruise parked all 400 of its driverless vehicles across the country without any mention of a timeline for when it might be able to dispatch them once again. While the move was voluntary in Arizona and Texas, Cruise was  forced to take its vehicles off the road  in California after regulators determined its driverless fleet posed an “unreasonable risk to public safety.”  

The move stemmed from an accident on Oct. 2, when a hit-and-run driver in San Francisco struck a pedestrian, launching the woman into the direct path of a Cruise driverless vehicle, which then ran her over. After it came to a complete stop, however, the autonomous vehicle then started up again and tried to pull over to the side of the road while the pedestrian remained trapped underneath the car, which dragged her 20 feet. For weeks, she remained in serious condition at Zuckerberg San Francisco General Hospital, a facility spokesperson said. While the victim has been upgraded to “good condition,” she remains hospitalized nearly three months after the accident.

In a recent  blog post , Cruise said it’s now “focused” on having its driverless vehicles return to just “one city to start.” While Cruise didn’t mention which of its previous three locations might be the first to welcome back its driverless cars, San Francisco is an unlikely candidate, because it’s the one city that actually ordered Cruise off the road.

Meanwhile, the DMV has accused Cruise of trying to hide video evidence relating to the attempted pullover that was recorded by the vehicle’s camera system. The DMV maintains Cruise originally showed state investigators video of the accident only up until the moment the car came to its initial stop after it ran over the pedestrian, omitting the rest of the clip — including video of the car dragging the trapped pedestrian.

“Footage of the subsequent movement of the [car] to perform a pullover maneuver was not shown to the department and Cruise did not disclose that any additional movement of the vehicle occurred after the initial stop of the vehicle,” the DMV wrote in a statement.

Cruise denies ever having withheld the full video from the DMV. In fact, a spokesperson said the entire clip of the accident, including the part showing the car dragging the pedestrian, was shown to DMV officials several times on Oct. 3, just a day after the accident. Cruise says that several days later, when the DMV requested a copy of the video, it provided DMV officials with the same video it had shown DMV investigators just 10 days earlier.

In California, two state agencies share oversight of autonomous vehicles: the DMV and the California Public Utilities Commission. The CPUC recently  ordered Cruise  to appear at a hearing Feb. 6 to explain “why it should not be sanctioned” amid accusations it “withheld information from the Commission for 15 days” about what exactly happened in the Oct. 2 accident. The CPUC accused Cruise in a letter of “misleading” state regulators and the public and warned it could levy fines, penalties and other sanctions. Cruise faces up to $100,000 in fines per offense for each day it is found liable, according to the CPUC. As a result, a single violation lasting 15 days could cost Cruise $1.5 million in penalties while still leaving it susceptible to additional fines.

Cruise remains under two separate investigations stemming from safety concerns

After the Oct. 2 accident, Cruise created a chief safety officer position and announced plans to hire a consulting firm to conduct a “full assessment” of “safety operations and culture.”

Cruise parted ways this month with nine of its “key leaders” and laid off about a quarter of the company — roughly 900 employees.

In a statement, Cruise attributed the departures of some of its top executives to an “initial analysis of the October 2 incident,” which aimed to investigate how and where the company faltered.

“As a company, we are committed to full transparency and are focused on rebuilding trust and operating with the highest standards when it comes to safety, integrity, and accountability and believe that new leadership is necessary to achieve these goals,” a Cruise spokesperson said in a statement.

The announcement was the latest in what has become a series of setbacks for Cruise. In November, its CEO, Kyle Vogt, a co-founder, resigned. The company, which remains under investigation by both state and federal regulators over safety concerns, declined an interview request.

In a recent statement, the company said: “The most important thing for us right now is to take steps to rebuild public trust. Part of this involves taking a hard look inwards ... even if it means doing things that are uncomfortable or difficult.”

Cruise driverless car parked in middle of the street while shuttling reporter

Last summer,  NBC News rode along  in a driverless Cruise car in San Francisco, but the ride was abruptly cut short when a nearby construction zone apparently confused the vehicle into thinking it should veer towards the median and park in the middle of a busy street. 

While construction closed off part of the road to traffic, other lanes remained open for vehicles to use. The Cruise car, however, remained idle for about 20 minutes, creating a traffic jam for blocks. Cruise ultimately dispatched one of its employees to manually drive the car and shuttle reporter Bigad Shaban to his final destination.  

At the time, a Cruise spokesperson said in light of the “unexpected construction zone,” the best course of action was for the autonomous vehicle “to come to a safe stop rather than proceed.”

Balancing innovation with oversight

State Sen. Dave Cortese, D-San Jose, said California needs to strike the right balance between ushering in innovation and protecting public safety, and he told  NBC Bay Area  the state may need an entirely new regulatory agency focused purely on driverless cars and artificial intelligence.

“Like when we got the FAA years ago, we’re going to have to do that here,” Cortese said. “And in order to do that here, we need to get started yesterday.”

The FAA, which was first known as the Federal Aviation Agency in 1958 before it became the Federal Aviation Administration in 1967, was established in part to oversee the vast and complex air transportation sector.

Legislators have already tried to pass laws around driverless vehicles, but a recent effort didn’t make it past the governor’s desk. 

A bill that would require driverless trucks weighing more than 10,000 pounds to always have safety drivers inside the cabs got bipartisan support in the Legislature this year, but Gov. Gavin Newsom vetoed it, calling it “unnecessary,” because current laws already allow the DMV “to create the appropriate regulatory framework.”

The DMV says it’s working to update regulations across the industry in hope of requiring more oversight of driverless cars, although it won’t disclose what those new rules could look like.

“DMV held public workshops with interested stakeholders in January and July of 2023 to discuss topics which will inform the development of potential future rulemaking,” a DMV spokesperson wrote in a statement.

“DMV recognizes that autonomous technology is an evolving technology and remains committed to enhancing the regulatory structure to reflect the continued development of the technology.”

A version of this article originally appeared on NBC Bay Area.

Bigad Shaban is the Senior Investigative Reporter for NBC Bay Area.

Bigad’s reporting has earned him some of the most prestigious honors in broadcast journalism, including the Peabody, Edward R. Murrow, and duPont-Columbia Awards.

Michael Bott is an investigative producer for NBC Bay Area.

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Once harassed by police, lowriders can cruise across California under a new law

Joe Hernandez

A convertible Lowrider vehicle cruises on Sunset Blvd., in the Echo Park neighborhood of Los Angeles late Sunday afternoon July 18, 2021. Damian Dovarganes/AP hide caption

A convertible Lowrider vehicle cruises on Sunset Blvd., in the Echo Park neighborhood of Los Angeles late Sunday afternoon July 18, 2021.

Ladies and gentlemen, start your engines.

California Gov. Gavin Newsom signed a law on Friday that lifts the restrictions on lowrider cruising, a cultural and artistic tradition developed by Latinos living in the Golden State.

Assemblymember David Alvarez, who sponsored the legislation, called it a "major win" for Californians.

Lowriding was born in California but it's restricted. Lawmakers want to change that

"On behalf of the thousands of advocates who supported this culturally significant legislation, the low rider communities and car clubs from all over California, I would like to thank the Governor for signing AB 436 into law," Alvarez said in a tweet .

Lowrider culture was developed by Mexican Americans in and around Southern California after World War II. Enthusiasts modified cars to ride lower to the ground and gave them elaborate, colorful paint jobs. Groups of lowriders would drive their vehicles "low and slow" through town, a pastime known as cruising.

Through the years, some police officers harassed the lowriders, who were usually Latino, and broke up cruising events. California state law put limits on how low vehicles could ride, and cities and towns imposed their own cruising bans.

Now Californians have a green light to both ride low and cruise.

The new law lifts the former restriction that prohibited the body of a vehicle from riding closer to ground than the bottom of its rims.

Hispanic Heritage Month

40 years ago, san francisco lowriders organized to fight police harassment — and won.

It also rescinds the ability of cities and towns to impose their own cruising bans, which many had in place until recently, including Sacramento and San Jose.

"As we've always said, cruising isn't a crime," Jovita Arellano, president of the United Lowriders Coalition, told CBS8 . "We're really happy that the state assembly members, the senators and the governor have embraced our culture that is really important to us."

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The mission of Free At Last is to rebuild the community from within, reclaiming addicts and giving people who failed in the past the chance to succeed in the future.  Free At Last provides community­ based, culturally appropriate bilingual (English/Spanish) treatment, intervention and prevention services designed to reduce the exceptionally high rates of substance abuse and HIV infection and to break the cycle of addiction, reunite and rebuild families torn apart by intergenerational addiction, provide alternatives to incarceration, and foster economic self­ sufficiency.

When drug turf wars led to the murder of 42 people in the City of East Palo Alto in 1992, the media called it “the murder capital of the U.S.”  When the Urban Health Study reported that the city had the highest incidence of HIV infection among IV drug users of any city west of Chicago, another epidemic needed to be addressed.

Free At Last: Community Recovery And Rehabilitation Services (Free At Last) was founded in 1993 by a small group of community residents which decided that the community needed long­term solutions to reduce addiction and stop the spread of HIV/AIDS.  They envisioned a community recovery center for substance abuse treatment, intervention and prevention services with a special focus on those affected by incarceration, HIV/AIDS, and intergenerational addiction.

Free At Last’s successful community based programs are run by members of the community within the community. Its adopted evidence based program design provides more positive results in meeting client needs than state ­run programs

For the past thirty years, Free At Last’s recovery and rehabilitation services have been proven to succeed. According to research that tracks individuals in treatment over extended periods, most people who get into and remain in treatment stop using drugs, decrease their criminal activity, and improve their occupational, social, and psychological functioning. Below is a list of positive impacts that local collaborating agencies and law enforcers can attribute to Free At Last’s programs and services:

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Free At Last has made a tremendous impact on the health of our local communities. Below are a few areas where our programs and services have made a difference:

Our programs have helped reduce:

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Our programs have helped increase:

• Stabilization among our clients through access to much needed mental and physical health services
• Access to and participation in re­entry services from incarceration
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• Access to and participation in anger management, communication and conflict resolution skill ­building programs
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