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Old 08-30-2012, 04:11 PM   #1
jcb
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*Update in Post 9* DL Federal Appeals Court Affirms Disney's Safety Ban on Segways

This is a huge win for Walt Disney World.

The court of appeals in Atlanta has upheld the district court's decision to approve the settlement in the Orlando Segway lawsuit.

This means Disney can ban the use of Segways at WDW (and possibly Disneyland).

http://www.ca11.uscourts.gov/opinions/ops/201112013.pdf
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Last edited by jcb; 09-11-2012 at 10:20 AM.
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Old 08-30-2012, 04:45 PM   #2
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One of the criteria for approving a class action settlement is whether the plaintiffs (the people suing) are likely to succeed at the trial. The district court held that they were not, based largely upon the evidence Disney presented about the safety risks posed by Segways.

The DOJ (and others) asked the court of appeals to overturn this finding. The DOJ argued it was inconsistent with the 2010 ADA regulations. The court of appeals refused:
During an extensive fairness hearing before the district court, Hale [Disney's Safety Officer] testified regarding the safety risks posed by the operation of Segways® in Disney Resorts. The very factors Hale considered before deciding that Segways® are too dangerous for operation in Disney Resorts are the very factors facilities are required to consider under the new regulation.
In case you are wondering how this decision squares with the California federal court of appeals Segway decision from last month, the court explained that the "Baughman" decision (as it is referred to below):
did not hold that Title III requires Disney to permit Segways® in Disney Resorts, and in fact explicitly stated that Segways® can be excluded if Disney determines that the safety factors listed in 28 C.F.R. § 36.311(b)(2) warrant exclusion. Baughman, __ F.3d at __. In the present case, the district court found that if this action went to trial, Disney was likely to prevail because of its reliance upon those exact safety factors. Therefore, Baughman is factually and procedurally different from the case at bar and does not transform the district court’s well reasoned analysis into an abuse of discretion.
Ms. Baughman objected to this settlement. The legal nerd in me is fascinated to know whether she is now bound by this decision (which would mean her lawsuit gets tossed). I don't know. A status conference in her case is set for September 11. I expect it will be discussed then.
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Old 08-30-2012, 05:55 PM   #3
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Thanks for the update. I find this case fascinating.
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Old 08-30-2012, 06:05 PM   #4
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Whew, that clears the way for me to get a Ryno!



http://reviews.cnet.com/8301-13746_7...than-a-segway/
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Old 08-30-2012, 06:11 PM   #5
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Quote:
Originally Posted by k5jmh View Post
Whew, that clears the way for me to get a Ryno!



http://reviews.cnet.com/8301-13746_7...than-a-segway/
I think Disney should let you use it in the Theme Parks if you can pop a wheelie on it.
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Old 08-30-2012, 08:39 PM   #6
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I noticed that, although this was an 11th Circuit decision, one of the Judges on the panel is from the 9th Circuit. And this could easily have an effect on the Baughman case which had been remanded to the District Court and, no matter what the result, will probably be appealed again in the 9th Circuit.
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Last edited by Cheshire Figment; 08-31-2012 at 02:17 PM. Reason: Clarify about Baughman Case
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Old 08-31-2012, 09:19 AM   #7
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Quote:
Originally Posted by jcb View Post
I think Disney should let you use it in the Theme Parks if you can pop a wheelie on it.
My brain just exploded, Jack.
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