Disney World wins dismissal of lawsuit challenging Segway rule

[crazy4wdw]

From the Orlando Sentinel:

Disney World wins dismissal of lawsuit challenging Segway rule

The legal challenge had sought to allow disabled visitors to use Segways in Disney's theme parks

Scott Powers and Jason Garcia | Sentinel Staff Writers
February 22, 2008

A federal judge in Orlando has thrown out a lawsuit against Walt Disney World aimed at forcing the company to allow disabled visitors to ride two-wheeled Segways in its theme parks.

U.S. District Judge Gregory A. Presnell dismissed the suit Wednesday after agreeing with Walt Disney World's contention that none of the three people who sued had any standing to do so, because none of them had demonstrated any intention to visit the resort in the near future.

"We asked for dismissal and the court agreed it was appropriate," Disney World spokeswoman Jacquee Polak stated. "We provide a variety of accommodations to guests with disabilities, which allow them to fully enjoy our theme parks."

The three plaintiffs -- a man and woman from Illinois and a woman from Iowa -- sued in November, contending that Disney violates the Americans with Disabilities Act by forbidding guests from using the upright scooters within its parks. One of them has multiple sclerosis, another has Lou Gehrig's disease and the third lost his foot in a 1999 accident; none can walk and all say they now rely on Segways for mobility.

None of their lawyers was available Thursday to comment on Presnell's order.

The three had sought class-action status for the lawsuit, which could have potentially opened the case up to thousands of Segway users nationwide.

Disney says it has safety concerns about allowing Segways to maneuver through its often-crowded parks, and says it has no practical way to gauge whether a Segway user entering a park is adequately trained on use of the scooters. SeaWorld Orlando also bars Segways.

Scott Powers can be reached at spowers @orlandosentinel.com. Jason Garcia can be reached at jrgarcia@orlandosentinel.com.

 

[TheRustyScupper]

1) On this one, I side with WDW.
2) They make a lot of accommodations for handicapped mobility.
3) They just don't want Segway.

 

[rebecca06261]

I have to agree too. It's unfortunate but... many of Disney's rides have restrictions due to health, mobilities, and disabilities. However, they do offer more rides and shows for the disabled than 99.9999% of the other parks in the country.

 

[mwehttam]

Plus Segway does state their device is not a handicap accessible mobile device.

Glad to see there are still smart judges that throw these frivolous lawsuits out.

 

[princess jackie]

Did I read that right? The guy that was suing only has one foot? Wouldn't you want a scooter that you can use while sitting rather than have to stand on 1 foot all day?

 

[gmboy95]

let me get this straight....disney can pimp the segway in epcot all it wants as a great innovention....but it cant be used by their own guests...well their is only so much drinking of the kool-aid i can do

 

[TSR6]

let me get this straight....disney can pimp the segway in epcot all it wants as a great innovention....but it cant be used by their own guests...well their is only so much drinking of the kool-aid i can do

Yes, because those cast members who use the segway in epcot ( and disney Managers in other parks ) go through a pretty rigorous training course not only on the operation, but also operating the device in crowds. Plus, they are held liable for their actions - and can lose their job for mis-use.

 

[mwehttam]

let me get this straight....disney can pimp the segway in epcot all it wants as a great innovention....but it cant be used by their own guests...well their is only so much drinking of the kool-aid i can do

Why stop now? You drank enough of it before the Super bowl!

I love it when someone doesn't know the facts.

 

[gmboy95]

Why stop now? You drank enough of it before the Super bowl!

I love it when someone doesn't know the facts.

First off...I love being a patriots fan....6 superbowls, 3 championships....I couldn't be happier.....congratulations on your win.

its not about knowing the facts.....spend some time listening to the segway presentaion. They make the point that this is the "future" of moving people, and how do you know the person using this is not trained as well

 

[maxtomsmom]

First off...I love being a patriots fan....6 superbowls, 3 championships....I couldn't be happier.....congratulations on your win.

its not about knowing the facts.....spend some time listening to the segway presentaion. They make the point that this is the "future" of moving people, and how do you know the person using this is not trained as well

As a parent, I have to disagree with you on this one. I've seen a CM accidentally hit into an adult person running after his child. The person was knocked to the ground and there was blood. The person was ok and it certainly wasn't the cm's fault, he had no time to stop. But imagine for a moment it was that 3 year old running over to see Mickey and darted out in front of the segway. Even if someone is trained, how do you know. You allow one person, you must allow others. How can Disney be sure if each person is well trained? You can't assume they are even if they bring their own into the park.

 

[All Aboard]

its not about knowing the facts.....spend some time listening to the segway presentaion. They make the point that this is the "future" of moving people, and how do you know the person using this is not trained as well

Skateboards, roller skates, bicycles, Vespas... those are all devices that would make it easier for people to move about the parks. But, they are all restricted from use. Why? Because "it's not about" making it easier to move people. It's about safety.

Wheelchairs and ECV's are the exception, because those devices allow people who otherwise couldn't move about the parks an option to do so. It's really just that simple.

 

[mwehttam]

its not about knowing the facts.....spend some time listening to the segway presentaion. They make the point that this is the "future" of moving people, and how do you know the person using this is not trained as well

Again, not knowing the facts.

Fact: The Segway company states this device is meant only for people with full mobility. http://www.segway.com/about-segway/who-we-are.php
Nowhere does it mention that it is meant for use by those with disabilities/handicaps.

So Disney is under no obligation to to allow guests to use them except in controlled environments like the tour in WS before the park opens.

And if they did, you would be the first to be screaming their fool head off when one of your kids are mowed down by one.

 

[pugdog]

Plus the Segway does not meet the requirements under the ADA to be considered a mobility device, where ECV's and wheelchairs do.

 

[KINGBOBOFTHENORTH]

This lawsuit was never about Segway. This lawsuit was all about some lawyer or law firm going out and trying to create an issue where there was none in order to try to file a class action suit and try to make big money. So they hunt the entire country trying to find some "plaintiffs" they can sign up to represent the oppressed class. Fortunately the judge threw the case out at this early stage. Unfortunately there are far too few judges (particularly in Federal Court) that are willing to toss cases out.

BobK/Orlando

 

[ford family]

This lawsuit was never about Segway. This lawsuit was all about some lawyer or law firm going out and trying to create an issue where there was none in order to try to file a class action suit and try to make big money. So they hunt the entire country trying to find some "plaintiffs" they can sign up to represent the oppressed class. Fortunately the judge threw the case out at this early stage. Unfortunately there are far too few judges (particularly in Federal Court) that are willing to toss cases out.

BobK/Orlando

MTE.
IMO the problem is exacerbated by well intentioned but misguided people who rush to support the idea of helping the disabled without thinking it through.

ford family

 

[catycatcat4]

good i dont wan't to get ran over by those things, stroliers (even though they are needed most of the time there are better things than segways ) are annoying eouth (i know they are not the same thing but the both have wheels) less to run me over

 

[Bust*A*Stitch]

For anyone listening, this lawsuit was filed for the wheel chair version of a Segway, its 4 wheeled and converts to a 2 wheel device thats operates just like a segway, as far as I know, they aren't even built by segway, just use the tech.

so now imagine a 250 pound guy balancing in a chair, on 2 wheels during a peak summer Saturday.

THATS the safety issue Disney had.

If it won't even allow normal segways into the park without helmets and supervision by a CM, you think there gonna let Archie Bunker in the park with a device that weighs close to or over 500 pounds?

Thats about as likely as Fozzie telling a good joke.

Busta

 

[DevilDuckie]

Did I read that right? The guy that was suing only has one foot? Wouldn't you want a scooter that you can use while sitting rather than have to stand on 1 foot all day?

Absolutely! That's why they have scooters for rent or you can bring your own scooter, wheelchair, crutches or safe mobility device of your choice. A potentially dangerous, non-ADA approved, not-for-disabled-access item simply isn't the only thing out there and is not allowed.

 

[ColleenG]

Skateboards, roller skates, bicycles, Vespas... those are all devices that would make it easier for people to move about the parks. But, they are all restricted from use. Why? Because "it's not about" making it easier to move people. It's about safety.

Wheelchairs and ECV's are the exception, because those devices allow people who otherwise couldn't move about the parks an option to do so. It's really just that simple.

I totally agree. I AM NOT against people with mobility issues using wheelchairs and ECVs in the parks, BUT some of them get a little pushy to make their way through. On a trip a few years ago a woman in an ECV was nipping at our heels to get past us. A simple "excuse me" would have sufficed. Allowing Segways would just add to the mayhem.

 

[Snowgod]

As a former Segway tour operator, I am amazed at the misinformation spread on the internet. Dean Kaemon invented a wheelchair that can climb stairs, it is sold by Johnson & Johnson and is an officially approved medical device. I see them at WDW frequently. Don't confuse them with a Segway, though they use much of the same technology. Segway agreed to not market the Human Transporter as a medical device as to not compete against the J&J wheelchair. This doesn't mean that the Human Transporter cannot be used as one.
I am sitting here writing this and i still have the bruise on my leg from an ECV that ran me over at the Magic Kingdom last week. I have been run into by first timers on a Segway and never received an injury. Someday the Segway or a successor will get the approval it needs as too many people can be helped and there is no reason other than preconceived ideas as to why they shouldn't. While the lawsuit may not have been started for a good reason, It will be back and so will those of us who having actually spent time living with a Segway. We know it's value.