Sea World no longer allowing seater walkers

[Evita_W]

I thought about the Segway case as well, and agree 100%, they're going to have to show some sort of evidence related to safety in order to just outright ban them (should someone push the issue and sue, that is).

Exactly, and I hope they do, because you know it will then start becoming a slippery slope where they will start banning people's personal devices of other types because they aren't "safe" and instead insist that only their rentals are safe for their parks. Neither DH or I use one, so we wouldn't have standing to do so, but believe me if it is allowed to stand, we will ALL regret it in the long term.

Segways can definitely be shown to be a problem, but in this case, these devices are only a problem when not used in compliance with manufacturer's instructions, again I can easily see them being allowed to remove people from the parks that are using them as wheelchairs (except the models like someone posted above that are designed to be used in such a manner of course), that would be what they even admit the safety issue is, but I can't see them being allowed to ban them completely just because there are some guests that break the rules. Again, this is if a lawsuit was filed, that is the way I would see it going. You can't punish everyone for other people's actions, even if it is a majority of the other people.

 

[lanejudy]

Segways can definitely be shown to be a problem

I believe that WDW had to show that use within the parks was unsafe, not just that the device was or could be unsafe. Segways can be recognized as a mobility device under the ADA.

I don't think that a theme park wants to get into knowing exactly which models/brands allow use in certain ways. That's really not the theme park's "rule" to enforce. Hence the blanket ban. But again, SeaWorld will need to have the documentation to prove it if/when challenged.

You can't punish everyone for other people's actions, even if it is a majority of the other people.

Really? Did you never have to put your head down on the desk because someone in class was throwing spitballs? Or the class had to miss recess because someone was passing notes? Punishing all for the actions of a few is the very basis of rules -- because the few cannot be trusted to act appropriately without a formal rule.

 

[Evita_W]

I believe that WDW had to show that use within the parks was unsafe, not just that the device was or could be unsafe. Segways can be recognized as a mobility device under the ADA.

I don't think that a theme park wants to get into knowing exactly which models/brands allow use in certain ways. That's really not the theme park's "rule" to enforce. Hence the blanket ban. But again, SeaWorld will need to have the documentation to prove it if/when challenged.



Really? Did you never have to put your head down on the desk because someone in class was throwing spitballs? Or the class had to miss recess because someone was passing notes? Punishing all for the actions of a few is the very basis of rules -- because the few cannot be trusted to act appropriately without a formal rule.

Segways yes, as I said that is easy to show, the blanket ban is a problem because many people have these types of devices as their only mobility aid.

And legally, no you cannot punish everyone for the actions of a few (or even the majority) when it comes to accessibility, the ADA is quite clear on that.

 

[lanejudy]

Segways yes, as I said that is easy to show, the blanket ban is a problem because many people have these types of devices as their only mobility aid.

And legally, no you cannot punish everyone for the actions of a few (or even the majority) when it comes to accessibility, the ADA is quite clear on that.

It is a very common and very popular mobility device. I expect SeaWorld to be challenged. The outcome will very much depend on what they have documented regarding safety within their parks. Personally, I'm not sure they can back up the claim adequately; but I do trust they have lawyers who think they can. And if they can document the devices are causing an unsafe environment and too much of an operational challenge to determine which similar devices can/cannot be used in a certain manner to alleviate the safety concern, I do believe it can be banned legally.

Again, the concept is not necessarily illegal and in my opinion it's likely to be a hard position to defend. But that's for the courts to decide.

 

[Mackenzie Click-Mickelson]

And legally, no you cannot punish everyone for the actions of a few (or even the majority) when it comes to accessibility, the ADA is quite clear on that.

It is extremely common that rules and laws are done because of the few. A commonality I see when you comment on posts is that you take the stance that everything and anything pertains and applies to ADA. It means you tend to see that everything is always covered under ADA.

Sometimes companies do things that go against the law, but it would be and is counterproductive to treat every time like it is. It's good for people to push back on if they truly believe something is done against the law or set up a precedent that discrimination, etc is occurring. It is not good however for people to take on the stance that if someone is told "no" it means they are going against the law simply by doing so.