The Segway Lawsuit is Back

[jcb]

I think this was mentioned on the podcast a couple of times. If not, I apologize for being off topic.

The Segway lawsuit is back. Originally dismissed in February (news story here), on Tuesday (5/13/08), a federal judge held the three individuals who had originally brought the lawsuit had amended their lawsuit enough to show that they have "standing" to bring it.

The first lawsuit was dismissed because none of the individuals alleged they were actually going to visit the parks. The individuals then amended their lawsuit to say they intend to visit the Parks at a specific point in time in the near future. (The decision doesn't say when.) It is pretty standard for a court to permit a party to amend a complaint that has been dismissed at the start of a lawsuit.

WDW also argued that the individuals had not adequately explained why WDW policy on segways at the theme parks is unreasonable. The judge refused to address this point at the present time but left it open for WDW to raise the issue again later.

The decision simply means the individual's complaint is sufficient to let them go forward with the lawsuit. It doesn't require WDW to permit seqways in the parks. The lawsuit will now proceed but WDW can ask for it to be dismissed at any time.

I should say I am not connected with the lawsuit in any way. Just curious.

 

[WaltD4Me]

I guess some people have nothing better to do with their money.

You can sue anybody you want for just about anything you want to sue them for, but you gotta pay for it (lawyers) and what is the point of this lawsuit? It seems like they are only trying to get Disney to allow Segways, it isn't like they are trying to get monetary compensation (I don't think) because they went to Disney with their Segways and were turned away at the gate. Considering Disney's track record with disabled guests, I can't imagine this lawsuit has hope of finding them discriminatory, it will probably only prove in the end that Disney's reasons for not allowing Segways are valid. So big waste of money....shocking.

Anyone know if Segway has any comment about this suit?

 

[kab407]

What I question, and I'll need to look this up later today, is the Segway an FDA Approved Medical Device? I am almost cetain, based on similar products, this is somethig FDA will regulate from a design and safety perspective. Unless this is an FDA approved device, WDW may be well within their rights to ban them given there are other means available for guests who need mobility assistance.

 

[WaltD4Me]

What I question, and I'll need to look this up later today, is the Segway an FDA Approved Medical Device? I am almost cetain, based on similar products, this is somethig FDA will regulate from a design and safety perspective. Unless this is an FDA approved device, WDW may be well within their rights to ban them given there are other means available for guests who need mobility assistance.

I'm guessing is is not an approved medical device. If it was, Disney wouldn't legally be able to ban them in the parks would they? I think this group is just saying that they use them as a medical device. I mean, maybe some people use a Vespa for mobility assistance, doesn't mean they should be allowed in the parks.

 

[jcb]

WaltD4Me - While I haven't read the complaint, from the way the decision is worded, I don't think they are seeking money for having their Segways turned away. (One asserted she went to WDW in December 2007.) So, they want the court to order WDW to let them use Segways within the theme parks.

WDW may now argue these individuals do not meet the definition of "disability." I think these individuals argue they are not so "disabled" that they have to use a wheel chair. That is why they want to be able to use a Segway. Generally, the ADA requires something more severe than this. (I stress I am being very general.)

kab407 - I don't think Segways are an Approved Medical Device - I would be curious to know what you find. I seem to recall a comment about that in a recent news story about a Segway (not WDW related).

Edit: The article I am remembering is a wonderful story about a group that procures and modifies Segways for disabled vets. I want to also make sure I am not misunderstood. I don't want to be taken as saying Segways are not used by the disabled. Clearly, they are, as the article shows. I was simply guessing that WDW may argue these three individuals do not have a disabiliy.

 

[amyhughes]

This is why I love Wikipedia:

"Segways cannot be marketed in the US as medical devices, because they have not been approved by the Food and Drug Administration as a medical device."

I know that what will be called in here is the double standard of Disney First Aid, Security, and other Cast Members being allowed to use them but not allowing guests. Disney operates and maintains not only those specific Segways but also trains their staff to use them. What if they allow it to someone with limited or no training who wants to because it is now available and a court order deems they have to allow it? It's not like they can train every single person who comes into the park on Segway usage or avoidance as the case may be. Having two young boys, they run out in front of me all the time and I am not going 12 miles and hour. I think one thing that Disney likes to hold above all else is the safety of ALL of their guests, more so than comfort, safety.

I feel that if this case were won and Segways were allowed it would lead to even bigger lawsuits when someone who becomes injured (or injured further) by the use of Segways hold Disney accountable.

 

[kab407]

I got busy but, Amy posted basically the info that I found. Segways are not FDA approved. Without FDA approval, I don't see a very strong case for the plaintiffs. Disney offers reasonable accommodation for those with mobility issues. They are meeting the requirements of the ADA. Until Segways are registered, WDW can make the rules. I do not see it as a double standard. Disney CM that use the Segways are trained and covered by Disney insurance to ride them. Would a private user be able to produce the same documents?

I was in the parks a couple of weeks back and did the World Showcase Segways Tour. Our Guides had to stop people traffic so that we could get from Interventions to the World Showcase and back. We had people walk infront of us, not paying attention to anything going on around them. (yes I felt like kicking them as I went by, but didn't) I can only imagine what it would be like if Segways were permitted. I agree with Dsiney's stance and see it as a major safety and liability issue.

 

[chirurgeon]

I agree with everyone who says private Segways should not be allowed at WDW. The unknown training level of the person on the Segway and the fact that the private Segways would not have the speed governers that the Disney ones do just make them way too iffy to be in the parks.

Kim