cobright
DIS Veteran
- Joined
- Jan 6, 2013
- Messages
- 2,758
Oh man, this topic is checking off all my boxes.
And it's funny all this is so timely I just started playing with some new tech that rolled out just last week that's doing some crazy stuff for collision avoidance... Maybe I'll post my new feature road-map and put up some demonstration footage... maybe tomorrow...
Funny thing... ECV rental is not terribly lucrative. I mean, the companies make money, but they really have to work for it. The margins are low and the volume has to be really high. They also employ a lot of people and pay them less than Disney would have to. I'm not convinced that Disney wants to start baking this pie in their own kitchen.In which case Disney will have cornered, and control of, the lucrative ECV rental market within their parks.
Remember, Disney does nothing unless it generates cash income, or eliminates cash outflow.
kickback they get is indemnity. They most likely require a $2 million insurance rider on every scooter they facilitate as a preferred agent. Not terribly expensive, but if Disney 'cornered the market' on this they would have to cover that risk themselves.This also means that of they insisted on featured providers putting the sensors in, the featured providers would tell them to pound sand and Disney would loose out on whatever kickbacks they get (and make no mistake they get something for listing companies as a featured provider
This is my thinking as well. For a whole host of reasons, I think Disney is happy letting someone else handle this very specialized product for them.Disney also doesn't really want to rent ECVs, otherwise they would rent them out then elves rather than leasing space to a third party company for the daily rentals
The paper is a little more accommodating than that. For one thing, it says "Such safety requirements must be based on actual risks, not on speculation or stereotypes about a particular type of device or how it might be operated by people with disabilities using them." And the burden of proving that risk lies firmly on the business trying to restrict the mobility device. Not only that, but where actual risk exists, the business may only restrict access to that type of mobility device to the extent necessary to mitigate it. A gas powered mobility aid certainly poses a risk indoors, but if the venue is very open and not crowded then they must be accommodated in the outdoor areas. that sort of thing.(I found this: from the DOJ "Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices" where it clearly states that an entity does not have to allow certain types of devices because of "legitimate safety concerns"; until there is a legal precedent regarding devices equipped with these sensors, we should assume that Disney has the right and the ability to restrict devices on their property, based on safety concerns alone.)
There is actually a precedent for this, I will find it, but simply reducing some risk is not enough reason if it means limiting disabled access. Just the physics of adding the weight of a mobility device to a disabled person makes them a little bit more of a risk to other pedestrians in the event of a collision. The ADA has come down several times to support the position that disabled peoples right to equal access means that, to a reasonable extent, we all bear that additional risk. I suspect that people in mobility devices aren't actually significantly more likely to cause a significant injury than anyone else. And I suspect that these brutally simple sensor devices will not reduce the overall numbers of accidents by much. They may keep the ECV from rolling into someone but the sudden unplanned stops make it more likely that someone will run into them.Disney *could* legally say "No electrically operated/battery powered personal mobility devices are allowed on Disney World Resort property unless they have collision avoidance sensors installed", thereby forcing *everyone* - regardless of whether they rent or own - to have those sensors installed prior to entering Disney property and using the device.
Actually, this one's a funny case. Segways are recognized as mobility devices by the ADA (see the ADA paper mamabunny linked). In the lawsuit, BAUGHMAN v. WALT DISNEY WORLD CO, Disney produced expert testimony that the conditions of the park (crowded) meant that a segway posed significant risk to pedestrians and could not be operated without doing so. Baughman had the opportunity but did not produce any expert that could counter this. So the Segway ban stood because Disney showed in court that there was a significant risk.Actually, they can't, there is legal precedent set here, oddly enough during the lawsuit involving people having wanted to use Segways as a mobility devices. The lawsuit stated that Segways were not commonly recognized as mobility devices, ECVs are and as such cannot be restricted.
And it's funny all this is so timely I just started playing with some new tech that rolled out just last week that's doing some crazy stuff for collision avoidance... Maybe I'll post my new feature road-map and put up some demonstration footage... maybe tomorrow...