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Old 02-10-2011, 11:30 AM   #31
pwdebbie
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Couldn't he have called 911 from the ride? That would have probably gotten assistance to him sooner. Perhaps Disney needs to start having disabled people (and my husband is one, but not wheelchair bound, and I'm not being tongue-in-cheek here) sign waivers. Or signs could be posted at each ride (along with all the rest of the warnings) that a person with special needs can't be guaranteed timely evacuation if necessary and if they would need that then they shouldn't ride.
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Old 02-10-2011, 12:33 PM   #32
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Originally Posted by pwdebbie View Post
Couldn't he have called 911 from the ride? That would have probably gotten assistance to him sooner.
Exactly!

If there was real danger, or his medical condition was causing problems, CALL AN EMT!

In the video, it looks like the boat is outside. He or his companion could have at least yelled for help. Instead, they just sat there, complaining about the music.

In the video, he looks annoyed, but not TRAUMATIZED. In the video, they were not panicing. They were quieting talking, not yelling for help.

The "advocacy group" put him up to this.
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Old 02-10-2011, 12:38 PM   #33
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I think it's unlikely that an advocacy group put him up to it. Advised, maybe.
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Old 02-10-2011, 01:40 PM   #34
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From reading the first link and the version of the story, I truly wonder what kind of case he has.

1. someone more familiar with the ADA can probably correct me if I'm wrong, but my understanding is that the ADA has provisions to allow structures and attractions predating the ADA some leeway when it comes to it's adherence to the ADA guideline. Small world at Disneyland dates to the '64 World's Fair.... LONG before the ADA. While some modifications have been made to accommodate those with disabilities.... such as the addition of wheelchair boats over the years, the area inside the attraction hasn't gone thru any MAJOR changes that would require conforming to current laws/guideline. I don't think Painting and adding a couple figures (and repairing others) counts as major work.

2. There is a very big difference between an emergency evacuation, and a courtesy evacuation. The article did not mention what kind of evac it was. Disney would have procedures in place to ensure ALL GUESTS were evacuated in the case of an emergency evac. If however this was a case of a courtesy evac.... meaning a technical difficulty preventing smooth running of the ride that may have guests waiting for a prolonged period of time... Those procedures would likely be very different. ESPECIALLY if the guest has a spinal injury, I do not doubt that CM's would determine that the risk of aggravating the guest's injury would outweigh the apparent danger he was in if he waited.
I don't think the lawsuit alleges Disneyland failed to comply with the design specifications mandated by the ADA and its regulations. Something the lawyer said on the local CBS news spot makes me think they are alleging he was discriminated against by being treated differently than other guests. I'm suspicious because a basic rule in disability law is that the consequences of the disability do not have to be ignored in a situation like this. That may sound harsh, but to use an example from one decision (albeit one that is employment related - but the rules are roughly the same) "If an insulin-dependent diabetic cannot be depended upon to drive a bus safely, he cannot complain about being disqualified from working as a bus driver even though he can show that he would be fully qualified were it not for his being a diabetic." If it wasn't safe to evacuate him because of his disability (or, to be more precise, the consequences of his disability), then that is a legitimate reason for the different treatment. What he is saying, in response, is that this was a life-threatening situation. That raises questions that are not answered by the publicity such as whether he communicated this to the employees and whether Disneyland employees periodically checked on him? (and unfortunately, the court's docket did not let me download the man's complaint so I can't say whether he addressed these issues in his lawsuit). As is true of many lawsuits, at his stage, there are too many unanswered questions. That's the nature of the process.

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Originally Posted by pwdebbie View Post
Couldn't he have called 911 from the ride? That would have probably gotten assistance to him sooner. Perhaps Disney needs to start having disabled people (and my husband is one, but not wheelchair bound, and I'm not being tongue-in-cheek here) sign waivers. Or signs could be posted at each ride (along with all the rest of the warnings) that a person with special needs can't be guaranteed timely evacuation if necessary and if they would need that then they shouldn't ride.
Waivers of the type you describe would probably not be enforceable. Pre-injury waivers are very difficult to enforce even in ordinary situations. Here the ADA regulations would prohibit a waiver outright. Waivers are contracts and the regulations prohibit contractual arrangements to provide different services (and so forth) to individuals with a disability. Similar rules would make the warning signs you mention problematic. (And before you ask the signs about pregnancy are different because pregnancy is not a disability.)

As to signs, the ADA design rules provide for signed "areas of rescue assistance" where individuals with a disability may safely wait for assistance to arrive. That didn't really apply here, however, as it is meant to be used "where people who are unable to use stairs may remain temporarily in safety to await further instructions or assistance during emergency evacuation."

I'm not trying to take sides. I am happy to try to answer questions. Of course, everything I say could be dead wrong.
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Old 02-10-2011, 02:14 PM   #35
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Jack is the man!!!!!

As for me......I AM taking a side.
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Old 02-10-2011, 09:02 PM   #36
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Jack is the man!!!!!

As for me......I AM taking a side.

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Old 02-16-2011, 10:38 AM   #37
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I was able to find the complaint. If you want to review the 32 page complaint, here is a link to it: ADA Disneyland Small World Complaint (this is 1.3 megabyte pdf file so it might take a little bit to download).

I go into skeptical mode in reading complaints like this so take my comments about the allegations with a grain of salt. The complaint answers some questions and raises others. It admits Disneyland employees checked on the couple at least twice. The second time, Martinez told the employee that he needed medical attention due to his spiking blood pressure (which the complaint seems to attribute to the "ride's music blaring in the background.")

What is not clear is why "there was no room for Mrs. Martinez (the wife) to administer first aid." Perhaps someone more familiar with the ride vehicle can address this.
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Old 02-16-2011, 01:49 PM   #38
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When I choose to go to a public place I am aware of my surrounds and the risks and hardships that I face due to my medical conditions. Lawsuits like the one filed here concern me that entertainment based businesses will have to become so restrictive that I will not be able to use common sense and take a reasonable risk to have an enjoyable time. I have found that Disney has been very accomodating to people like myself.

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Old 11-10-2012, 01:06 PM   #39
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Bumping this to note the blog post I wrote on the status of the litigation. It seems Disney does not agree with everything alleged in the complaint.

http://www.disunplugged.com/2012/11/...d-ada-lawsuit/
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Old 11-10-2012, 11:09 PM   #40
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Wow, this sure changes my view! Very interested in hearing what happens in March! Thx for the blog!
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Old 11-10-2012, 11:48 PM   #41
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Quote:
Originally Posted by Justin Jett

Ummmmm.....no.....this is, well.....ya know.

These rediculous lawsuits need to stop. He did not take action until he spent a year FINDING A GROUP to "help him".
Would you take on Disney alone? I sure wouldn't...one person vs a giant corporation that has a good reputation? You wouldn't stand a chance.
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Old 11-11-2012, 12:33 AM   #42
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I know as a person traveling with someone in a power wheelchair we have two options if it is a regular evacuation and not an emergency:

1) I am responsible to evacuate him by carrying him out

2) We wait for a fire department assist

I hope Disney doesn't settle this lawsuit. This guy has settled 41 other discrimination lawsuits. Disney does amazing things with accessibility. I agree with Justin Jett, I don't want Disney to back off of what they do because of these frivolous lawsuits.

This guy should have to pay Disney's lawyers for having to defend this ridiculous lawsuit.
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Old 11-11-2012, 07:04 PM   #43
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Would you take on Disney alone? I sure wouldn't...one person vs a giant corporation that has a good reputation? You wouldn't stand a chance.
Would I take on Disney?????
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Old 11-11-2012, 07:32 PM   #44
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Quote:
Originally Posted by t_daniels

Would you take on Disney alone? I sure wouldn't...one person vs a giant corporation that has a good reputation? You wouldn't stand a chance.
You must not know who your asking that too.....
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Old 11-11-2012, 07:35 PM   #45
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You must not know who your asking that too.....
Admittedly, no. What am I missing?


And I'm not saying this guy is in the right at all, going.against Disney. Just replying to the people saying it was weird he looked for a group .

Just stating that if it were me, I'd look for support from an advocacy group. I wouldn't go up against anyone, actually, without. I don't know enough legally, or where disability laws are concerned.
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