The Miami Herald

KEY WEST, Fla. – Merry Christmas, Lt. Col. James Paul Thomas – thanks to the U.S. government?

For now, it’s a mystery if Uncle Sam played Santa.

Thomas, a 54-year-old Army officer whose retirement has been delayed because of the war in Iraq, was off for a cruise on an ocean liner Sunday with his family, but a quirk in federal law almost kept him stateside.

Thomas boarded the Carnival Glory in Key West just before 1 p.m. He is expected to disembark where the voyage started in Port Canaveral, Fla., later this week.

That’s technically a violation of the Jones Act, a federal law enacted in 1917 by President Woodrow Wilson that only allows passengers to get on a ship in one U.S. port and get off in another if the ship is owned by an American, has an American crew, and is registered in the United States.

The Carnival Glory is registered in Panama. The law was created to ensure U.S. merchant seamen jobs over cheaper labor from foreign countries.

Breaking the law is only a $300 fine, but it’s rarely broken because it would set a bad precedent, said maritime expert Michael Crye.

“The dilemma here is, there’s a knowing violation. It’s got to be a legitimate emergency. So you can’t ask for it ahead of time,” said Crye, president of the International Council of Cruise Lines, a nongovernment organization that acts as a liaison between the cruise industry and the federal government.

So who gave the go-ahead? Crye isn’t saying. And neither is Carnival spokeswoman Jennifer de la Cruz.

“Due to the very unique circumstance with this gentlemen we have reached out to local authorities. Based on the discussions we’ve had, we are going to allow him to board in Key West,” recited de la Cruz. “And Carnival is going to take responsibility for any potential fine that might be levied.”

After more than 48 hours in transit – a journey that took him from Kuwait through Qatar, Frankfurt, Atlanta, Chicago and Miami – James Thomas pulled up in a cab at the entrance to Key West’s Outer Mole pier.

“Daddy!” his son James, 9, called out, running to him.

Thomas’ eyes watered as his wife, Edna, and son hugged him. He was wearing jeans, a maroon U.S. Army polo shirt, and a massive grin.

“I’m ecstatic,” he said. “A lot of people did a lot of things to make it possible for me to get here.”

He said he’s looking forward to a hot shower and a dip in the Jacuzzi.

“I’m going to spend a lot of time with the family just getting back,” said Thomas.

The family was waiting with a banner on the third deck for the homecoming. The ship was scheduled to leave Key West at 6 p.m.

“There’s been a smile on my face ever since I got back,” Thomas said.

The cruise, and the homecoming, was made possible because Elaine Ellison, Edna’s mom and the 76-year-old family matriarch, gladly incurred all the costs and was able to fulfill her “lifelong dream cruise with everyone,” Edna Thomas said.

And what a journey it was to get there.

Edna Thomas and her two sons – James and Clint, 13 – left their home in Puyallup, Wash., and flew to Orlando Thursday. When they arrived they learned dad’s flight from the Middle East was delayed – until two hours after Saturday’s 4 p.m. Port Canaveral departure time.

No sweat, thought Edna Thomas, her husband would simply board in Key West. She called. He changed course. Instead of meeting in Orlando, James Thomas was going to fly into Miami and catch a flight to Key West.

Edna Thomas called Carnival to let them know about the change in plans. Carnival said no.

“It’s a big no-no if you purposely violate it the Jones Act,” de la Cruz first noted.

James Thomas, though, would have none of it. “He just said, “I’ll see what they’ll say to my face,”‘ his wife said.

But Edna Thomas was worried, so she called Carnival again, then immigration officials, and finally The Miami Herald. A few hours later, she got the good news. And Sunday, they set off, together, into the sunset.