Segway in court case

[Earstou]

I wonder if this court case will have any affect on WDW refusing the use of a segway for the disabled?
http://m.cjonline.com/topic/3034-News/articles/191567321

A man in Topeka sued the local mall and won the right to use his segway without having to sign a waiver each time.
The article states "The settlement doesn't give the general population access to the mall on a Segway, Haney said. It applies to McElroy due to his legitimate hardship and to others with a similar medical situation."
Also "The settlement in U.S. District Court makes “it the law in Kansas now,” Haney said. The settlement has scope throughout the state because Kansas is a one-state district in the federal court system."

So...do you think this will open the way for more segways to be used for mobility-impaired individuals?

 

[bookwormde]

Unless this is appealed to the U. S. Supreme Court and upheld this is only legally binding in the district court area in which the ruling was made.

It does however provide a model for similar suits in other districts and can be referenced as part of those suits.

This goes along with the basic concept that a “business” can not mandate a specific accommodation if others provide a “closer to equivalent” experience and are practical and safe.

It sort of goes along with WDW’s “recommendation” of a wheel chair or similar mobility device for the with mobility or stamina issues, WDW can not mandate this and if a person with a disability feels and can reasonably demonstrate that another practical and safe accommodation is “closer to equivalency” then this accommodation must be allowed.

As an example if an individual has a disability, which creates stamina issues, they are supposed to be able by regulation, use the “alternate waiting area or entrance” accommodation available through a GAC, if they would not otherwise need a mobility device (they were able to get around the parks by taking seated breaks but could not stand in a queue for an long period of time). The financial burden and practical burden of having to manage the mobility device when not needed in the queues would be a clear demonstration that the GAC accommodation was the more “equivalent experience”.

Since WDW does a better job with disabilities than almost any other “business” most individuals are more than happy to use the “recommended” accommodations but it is not required.

bookwormde

 

[Schmeck]

If WDW did allow Segways, there would have to be some way to control the speed limit on those things - they are fast, much too fast for regular use in a crowded theme park. Of course some people drive their ECVs too fast as well, some push strollers too fast, some run through the parks.

Maybe they could be ticketed for speeding, and removed from WDW property for a second violation?

If someone gets hurt by the Topeka man on the Segway (speeding, knocking over a display in a store, etc) who is to be held responsible? In an ECV a person's center of gravity is much lower than a person on a Segway. While they seem to be a viable way of getting around, they don't seem to be the safest mode for people with physical disablities, IMO. They are based on someone's ability to balance and adjust.

 

[mechurchlady]

I agree about speed. My ECV is carrying over 300 pounds and is going very very fast. I have to slow down to 3 mph to deal with crowds. Try getting on a segway and tap the controls while in a convoy.

Might convoy but unlike truckers who are in a long line on the road the Disney Convoy travels in a line abreast and you cannot pass them. Try setting at 1 mph in a segway behind one of them convoys. I had no patience until I took a scooter to a park, lol.

Back to speed, yeah, I have gone too fast and not as fast as a segway. It is dangerous as people walk in front of you. I had to reset the tiller after some preteen bounce in front of me then whipped around and I was face to tummy with that person. I veered hard to avoid them. How are Segways at E-stops and avoidance moves. Can they swerve on a dime to avoid people. I had a girl step backwards in front of my wheelchair and she never even saw anyone in front of or behind me. I do not like the idea of Segways in the parks at all.

 

[peemagg]

Actually after riding one this past weekend, I think that they stop faster than my scooter. Since all your speed and whether you go forward is set by whether you put pressure on your toes or heels it makes the Segway very sensitive to your movements. It can also turn around in it's own space. It could maneuver in a crowd a whole lot easier than our scooters or wheelchairs do.

 

[toocherie]

Curious as to why a Segway? Maybe it's just my disability, but standing all day on a Segway would not work for me--I need to sit down, hence the scooter. I guess if someone has both stamina and back issues (which might preclude sitting?) that they would "need" a Segway as an accommodation? I'm just having a hard time understanding why the existing alternatives (scooter, wheelchair) are not adequate.

 

[Schmeck]

Actually after riding one this past weekend, I think that they stop faster than my scooter. Since all your speed and whether you go forward is set by whether you put pressure on your toes or heels it makes the Segway very sensitive to your movements. It can also turn around in it's own space. It could maneuver in a crowd a whole lot easier than our scooters or wheelchairs do.

It might stop quickly, but you have to be able to signal it to stop. If you are going too quickly, even the best reflexes won't stop the clueless person who stepped right in front of you from being hit full body by the Segway. You have to have the intention of stopping. I don't even like the ones the CMs ride on at EPCOT.

Once they are allowed for one person, isn't a precedent set? The Segway is not a licensed vehicle for travel. Just as anyone can rent or purchase a wheelchair, scooter, crutches, etc, anyone can buy and use a Segway. With no licensing, and no need to prove a disability, there is no way to limit the use at WDW. Imagine kids running and playing around at WDW, and hundreds of people on Segways. Scares the daylights out of me.

 

[peemagg]

What it all boils down to whether the person is on foot, in wheelchair or scooter, or pushing a stroller or riding a Segway is called awareness. You have to be aware of everyone around you at all times and try to figure out their next move before they make it. If you aren't aware of everyone at all times that is where trouble starts.

 

[mechurchlady]

Fist off there will be no segways in the parks. ESV is the name of the new stand on ECVs.

Plaintiff Mahala Ault, 33, has multiple sclerosis; Dan Wallace, lost one foot in an accident and Stacie Rhea has Lou Gehrig’s disease.

Here is the info I found on the lady with ALS. I agree with others in not understanding how these three people benefit from standing all day on a segway instead of an ECV or powerchair. I could never stand on a segway for half an hour without probably being in eternal pain from my knees and joints. I would like to try one someday but know that the risk of falling is too much and I will not risk the pain or even permanent damage from a fall. I still have a knot and a bruise on my leg from the first week of March.


Stacie Rhea

http://stacierhea.blogspot.com/

www.onpointnews.com/docs/segway4.pdf+Stacie+Rhea&cd=14&hl=en&ct=clnk&gl=us
The settlement

 

[KPeveler]

the biggest problems with segways i see other than the speed (they can go nearly 20 mph on some models), is that they cannot "stand still." They constantly rock back and forth as they shift to adjusting moving weight (no one standing rock still, especially on one of those things). they stay upright as a result of movement, so you would need a 2 foot circles around them at all times in line. can you imagine the problems at fantasmic? also, what do you do with them in theatres? they are much more likely to get stolen than wheelchairs or scooters, i would think. i would NOT want one of the wheelchair spots taken by someone in a segway! obviously if they are in a segway, they can transfer.

what it boils down to is that segways are they are now are recreational devices. just like two wheel scooters are recreational, even if they are cheaper sometimes than 3 wheel scooters. segways are NOT approved medical devices, just like a little reg wagon is (which is sometimes easier than putting a special needs child in a stroller/wheelchair). Disney only has to allow medical devices in the park, and a segway is NOT part of the ADA.

I personally do NOT want to see segways in parks, i believe it is too dangerous.

 

[toocherie]

the biggest problems with segways i see other than the speed (they can go nearly 20 mph on some models), is that they cannot "stand still." They constantly rock back and forth as they shift to adjusting moving weight (no one standing rock still, especially on one of those things). they stay upright as a result of movement, so you would need a 2 foot circles around them at all times in line. can you imagine the problems at fantasmic? also, what do you do with them in theatres? they are much more likely to get stolen than wheelchairs or scooters, i would think. i would NOT want one of the wheelchair spots taken by someone in a segway! obviously if they are in a segway, they can transfer.

what it boils down to is that segways are they are now are recreational devices. just like two wheel scooters are recreational, even if they are cheaper sometimes than 3 wheel scooters. segways are NOT approved medical devices, just like a little reg wagon is (which is sometimes easier than putting a special needs child in a stroller/wheelchair). Disney only has to allow medical devices in the park, and a segway is NOT part of the ADA.

I personally do NOT want to see segways in parks, i believe it is too dangerous.

Amen sistah!

 

[Cheshire Figment]

I read the article. I think the plaintiff's attorney was overreaching as far as a "statewide" effect. It was a mediated settlement between the plaintiff and the Mall and not a Court Order based on a trial. And so it only applies to that person at that mall (or possibly all malls in the state owned by Simon properties.

And also, unless that mall has ECVs available for rental or loan, considering the plaintiff's medical conditions, it is acceptable. But if they had ECVs available I do not think this would have gone the same way.