Joined: Feb 21, 2006 Posts: 4196 Location: Sanford, Fl
Posted: Thu Feb 21, 2008 11:33 am Post subject: Segway Lawsuit Dismissed
Everyone should remember last year when Disney announced that it would not allow people to use Segways inside the theme parks. Well, someone decided to challenge the rule and sued Disney. Today, a judge dismissed the lawsuit:
Quote:
Judge: Disney does not have to allow disabled visitors to use Segways at its theme parks
Scott Powers and Jason Garcia | Sentinel Staff Writers
11:54 AM EST, February 21, 2008
A federal judge 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 from U.S. District Court for the Middle District of Florida on 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 demonstrated any intention to visit the resort in the near future.
"We asked for dismissal and the court agreed it was appropriate," Disney World Acting Vice President Jacquee Polak stated this morning. "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; all cannot walk and say they now rely on Segways for mobility.
None of their lawyers was immediately available this morning to comment on Presnell's order.
The three had been seeking class-action lawsuit status, 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 that it has no practical way to gauge whether a Segway user entering a park is adequately trained on the scooters. SeaWorld Orlando also bars Segways.
Both theme-park companies say they make other accommodations for disabled customers by allowing motorized wheelchairs and conventional motorized scooters.
So the lawsuit was thrown out not because of the Segway issue itself, but because none of the plaintiffs could prove that they would be visiting the parks in the forceable future. It's been shot down for now, but I'm sure it will come up again, when someone who requires a Segway actually does go to Disney. _________________ Up or Down North, South, East, or West An Adventurer's Life is Best!
I honestly don't see the difference between a person who uses a Segway vs. a person who uses a motorized scooter. I've seen MANY people get a scooter and have no clue as to how to use it, running into walls and people and such, what make a Segway so much more dangerous?
But then again, how would a person with one foot be better on a 2-wheeled Segway than a 4 wheeled scooter? _________________ When you're curious, you find lots of interesting things to do.
--Walt Disney
Joined: Feb 21, 2006 Posts: 4196 Location: Sanford, Fl
Posted: Thu Feb 21, 2008 1:50 pm Post subject:
See, that's one thing I don't understand. If a person if physically unable to walk, they are still able to stand on a Segway all day? If someone knows that it is possible, please enlighten me....
I think Disney originally passed the rule to keep people from trying to bring their personal Segway to the parks and use it. People who own them, but don't physically need them.
Then again, has the medical field/industry categorized Segways as a medical vehicle (like scooters, etc...)? _________________ Up or Down North, South, East, or West An Adventurer's Life is Best!
See, that's one thing I don't understand. If a person if physically unable to walk, they are still able to stand on a Segway all day? If someone knows that it is possible, please enlighten me....
With my back issues, standing is FAR better than sitting. When you sit, you are in a bent position and thus strain your lower back, in a standing position, everything is in better alignment.
But, walking is better than standing and I honestly don't get it either. You need feet to balance yourself, you need a centered posture to keep the Segway in balance, so I don't get it either. _________________ When you're curious, you find lots of interesting things to do.
--Walt Disney
I'll agree there may not be much difference between the Segway and the motorscooter... but...
The Segway stops when it bumps into something. The motor scooter doesn't.
I'd personally think it is a close call... the segway take up less room than the scooter, are more maneuverable, etc. However they go significantly faster, making it harder for other folks to walk around them.
To Disneys defense... It is highly unlikely some one is going to fall off their motor scooter when they run me over, and then sue Disney. This is much more likely with the Segway.
If the argument they are using if they can not guarantee safety of the users or others guests. that is valid, but they do not do so for the scooters either.
I've often gotten bumped into, had a foot run over, gotten stuck behind the scooters. Had them run into my kids... Could it be that Disney would prefer NOTHING be running on the walkways, and allows the scooters, wheelchairs and strollers out of necessity, and is afraid of adding a lot more traffic. That is a pretty good concern.
Anyone pretty observant can tell you that a good size portion of the folks using the scooters/wheelchairs don't need them, and use them to skip the lines, or because they are too lazy to walk. For a Segway, I'd think the situation could easily be worse.
Two questions/thoughts...
Disney obviously has a relationship with the Segway Company based on the exhibit at EPCOT... Why isn't that company pushing for Disney to relax this restriction?
What would folks think if Disney allowed Wheelchair, motorscooter & Segway use, but only for folks carrying some form of medical necessity documentation? (folks will scream it is a privacy invasion, but if they are using the motorized transport, isn't that already already admitting there is a need for it?)
Joined: Dec 10, 2007 Posts: 707 Location: Lake Buena Vista, FL
Posted: Thu Feb 21, 2008 5:33 pm Post subject:
Disney does require all cast members to take a 6-8 hour Segway training course before they are permitted to use them. Most departments usually limit the speed permitted. They go over everything from the different types of obsticles and terrain one might encounter, and how to safely use them in crowded areas. They also show you how they work & how to fix common problems that may occur. Obviously, the average person may not have the experience or training Disney feels is needed.
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