Disney Being Sued Over Segway Ban

[BMan62]

And what about transportation? Are we now going to have to make the busses and monorails Segway accessible?

[TheRustyScupper]

1) There is ALWAYS someone willing to sue over something.
2) And, you can bet they also want money, not just use permission.
3) We have had to pay A LOT to install ADA devices.
4) The rule is we must "reasonably accomodate' handicaps.
5) As far as I can see, wheelchairs and ECV's "reasonably accommodateaccommodate".

NOTE: To quote a phrase from Henry VI, "The first thing we do, let's kill all the lawyers."

[magicman]

If they win, I'm planning on going a step further and filing suit so that I can drive my station wagon in the parks. :-)

[DisneyDudet]

I'm just not sure of what medical condition where you can stand on hours end, but can't walk or sit.

About the dignity thing... not really sure if that will hold up.

As far as queues... will they be allowed to enter the handicap entrance and be permitted to load just as if someone is bound to a wheelchair? I would feel really angry if someone who has been standing on his motorized scooter didn't have to stand in the queue.

I am all for equal rights and accomodating them, but you can't give those who do not need accommodation the shaft either.

I say, if you need a vehicle to get around the parks, you can use one of the ones approved for the park. If you are more worried about your dignity by sitting a chair, then you should really think about those who HAVE to move in a wheelchair. Be glad you can at least stand.

In other words.. GET OVER YOURSELVES!

[Marker]

In my humble opinion....

I think that since WDW is private property if Disney wants to say NO SEGWAYS, then they should be allowed to without the judicial system sticking their noses into it.

But that's just one person's opinion, which in the overall picture doesn't amount to a hill of beans.

[mttafire]

1) There is ALWAYS someone willing to sue over something.
2) And, you can bet they also want money, not just use permission.
3) We have had to pay A LOT to install ADA devices.
4) The rule is we must "reasonably accomodate' handicaps.
5) As far as I can see, wheelchairs and ECV's "reasonably accommodateaccommodate".

NOTE: To quote a phrase from Henry VI, "The first thing we do, let's kill all the lawyers."

Agreed

[Ian]

In my humble opinion....

I think that since WDW is private property if Disney wants to say NO SEGWAYS, then they should be allowed to without the judicial system sticking their noses into it.

Mark, I couldn't have said it better myself!

[kakn7294]

You know, I'm with Morgan here. As a nurse for 16 years, I cannot think of one single condition where a person could stand on and control a Segway for hours but could not sit in a wheelchair or on an ECV. Generally, if you can't sit, you can't stand either and are bedridden. Granted, I deal mostly in cardiology and there's a lot out there I haven't seen, but this sounds a bit far-fetched to me. I'd like to know what the disabilities are that require the use of a Segway.

[sagessa]

You know, I usually don't jump into controversial threads with more than a statement of facts, but I just have to speak up on this one.

To those of you who think someone with a disability should either sit in a wheelchair all day or not come to Disney: what right do you have to tell that person that they cannot enjoy life? I have a severely disabled friend who is unable to sit in a wheelchair for long periods. He has been discussed on this board several times, mainly in threads about Segways. Sitting without being able to fully extend his leg for more than a few minutes is very painful for him. Should he just stay home instead of taking his family on vacation?

To those of you who are convinced that Segways are dangerous: they are less dangerous than an ECV or motorized wheelchair operated by an inexperienced person. Speedy1998 wants us to know Segways are dangerous because they weigh so much. Both ECVs and motorized wheelchairs weigh far more than a Segway. My father''s wheelchair weighs close to 300 pounds and goes much faster than a normal walking pace. Should Disney make him leave his wheelchair outside the park?

In other words.. GET OVER YOURSELVES!

This comment is completely uncalled for. Would you talk this way if you were face to face with a person whose disability puts them in the position of using a Segway for personal transportation? I'm thinking that you would not, but for some reason, rude behavior that would never be is considered acceptable in person is demonstrated time after time on internet discussion boards.

Kathy:

There are many disabilities that make standing more comfortable than sitting. My friend with the fused hip is only one example.

Rachel R.

[Jeff G]

In my humble opinion....

I think that since WDW is private property if Disney wants to say NO SEGWAYS, then they should be allowed to without the judicial system sticking their noses into it.

But that's just one person's opinion, which in the overall picture doesn't amount to a hill of beans.

[Scar]

I think that since WDW is private property if Disney wants to say NO SEGWAYS, then they should be allowed to without the judicial system sticking their noses into it.

Although I agree with your thought, I am fairly certain that WDW, as a place that is accessible to the public, is bound by the American’s with Disabilities Act. Meaning the government can and will stick their noses into it.

Now an interesting point is that the ADA was signed into law in 1990 and Segway’s were invented ten years later. I’m not exactly sure what that means but I would guess the courts would have to decide it.

[kakn7294]

To those of you who think someone with a disability should either sit in a wheelchair all day or not come to Disney: what right do you have to tell that person that they cannot enjoy life? I have a severely disabled friend who is unable to sit in a wheelchair for long periods. He has been discussed on this board several times, mainly in threads about Segways. Sitting without being able to fully extend his leg for more than a few minutes is very painful for him. There are many disabilities that make standing more comfortable than sitting. My friend with the fused hip is only one example.

Like I said, I deal mostly with cardiology and in my experience, I have never seen a patient who used a Segway for transportation due to a disability. I concede this point to you. I do have several questions though: Does your friend use a Segway as his main mode of transportation? What does he do when he has to sit since he has so much pain? If he would take his family to WDW, would he be able to tolerate riding any rides or riding around on a Segway for 8 to 12 hours? I'm not trying to be offensive so please don't take it that way. I'd just really like to know what the feasiblity of trip would be.

[sagessa]

Does your friend use a Segway as his main mode of transportation? What does he do when he has to sit since he has so much pain? If he would take his family to WDW, would he be able to tolerate riding any rides or riding around on a Segway for 8 to 12 hours? I'm not trying to be offensive so please don't take it that way. I'd just really like to know what the feasiblity of trip would be.

Kathy, I'm not at all offended by your questions. This thread has me upset because people are making so many assumptions about those who use the Segway for a mobility device. I, and my friend, (he'd probably be happy to talk to anyone who wanted to get in touch with him via e-mail about this issue) are always happy to answer questions. The blanket statements that some have made about what a disabled person does or does not need are what offended me.

As to your questions, he uses the Segway whenever he leaves his home. Before the Segway was available he used crutches. This led to it's own problems, not the least of which was persistent sores under his arms.

At home he either sits in a beanbag type chair (a Love Sac for those of you who are familiar with the brand) or in a recliner, where he can fully extend his leg. When we go out to eat together he sits forward on his seat with his leg fully extended to minimize the strain on his hip that sitting causes.

Riding rides is not a problem; he's actually been to Disney several times. Most of the time, he can stand in line for short periods without the Segway. He does have problems sometimes because the leg with the bad hip is several inches shorter than the other (his Segway has a built up platform to compensate for the shorter leg) and it causes quite a bit of pain if he overdoes it. Like any disabled person, though, he knows his limits. He doesn't do commando strikes on the parks like some of us do (there's nothing wrong with that, I've been known to make an all out attack sometimes ), but makes sure to take breaks back in the room and not to push himself with days that are too long.

Rachel R.

[mttafire]

I think the bottom line is; Disney does a GREAT job accomodating those that are disabled. However, You just cant accomodate EVERYONE all the time. It is not possible. Even the ADA states "Reasonable attempt". IMHO, Disney goes above and beyond those with disabilities. I believe Disney will easily win this lawsuit.
I also want to add that: I can barely hear in one ear and not very well in the other. However, I manage while on duty. My physician wants me to wear hearing aids but...im stubborn, I wont. I do not consider my condition a disablility. The other side to this coin is that when does the term "disability" get watered down? Alot of folks claim to have one but in reality i would disagree. Im just giving my personal opinion from my OWN experience.
Respect to all, Shawn

[TheRustyScupper]

. . . I think the bottom line is; Disney does a GREAT job accomodating those that are disabled. . . . However, You just cant accomodate EVERYONE all the time. It is not possible. Even the ADA states "Reasonable attempt" . . .

1) We do a lot in the way of "Reasonable" at my company.
2) Yet, we have had to pay lawyers to defend against ADA suits.
3) In each case, we prevailed.
4) The law does not say we have to accommodate everyone.
5) That would be too costly and probably impossible.

NOTE: We have paid over $300,000 in lawyer fees to defend ADA accommodation suits. In each case, the suit did not just ask to be accommodated, but the lawyer wanted penalty money and fees. Gives a rise to the question of for whom is the lawyer working? At least, they didn't get a dime out of us. I love it when greedy lawyers get stiffed. (PERSONAL OPINION)

[Goofster]

NOTE: To quote a phrase from Henry VI, "The first thing we do, let's kill all the lawyers."

Yes, but that quote is taken out of its context. If you read on, it's because the speaker of that line wishes to take the rights away from the people.

Luckily, this suit has been filed in federal district court. The judges, at least the majority of them, are smart. I wouldn't be surprised to see this suit kicked on a summary disposition motion relatively soon.

[Ian]

I have a severely disabled friend who is unable to sit in a wheelchair for long periods. He has been discussed on this board several times, mainly in threads about Segways. Sitting without being able to fully extend his leg for more than a few minutes is very painful for him. Should he just stay home instead of taking his family on vacation?

If the accomodation he needs in order to allow him to vacation in WDW is excessive or not "reasonable" then, unfortunately, yes.

I mean let's be realistic here ... there can't be more than .0001% of the population who have a disease that requires them to use a Segway to get around.

You can't possibly expect Disney to put the balance of their guest population at risk to accomodate for the 12 people in the world that want to use Segways in WDW.

And you can argue all you want that motorized wheelchairs and scooters are just as risky as Segways, but I'm sorry ... I'm going to have to respectfully disagree. I've never seen a motorized wheelchair that went 12mph, required highly developed motor skills and quick reaction times to operate safely, or that people could easily and readily fall off of. And before you ask, yes ... I've ridden a Segway more than once. Both times I rode I saw people crash them and fall off them. And these were governed down to 4 mph from the standard 12 mph.

I recognize that you have a bias in this because you happen to know someone who's affected, but the bottom line is, the "Right to a Vacation" is not a right that's protected under the Constitution. Unfortunate? Maybe. Reality? Yes.

[LibertyTreeGal]

I think that what much of this comes down to is pride rather than dignity. Now, as the momma of a 6 year old son who will spend his life in diapers but who attends public school, let me tell you that I am big on allowing people to retain their dignity!

However much I adore my baby boy, I do not have the right to place his pride above the safety of others. He doesn't need a wheelchair, truly, he would be more of the Segway type if it ever came down to it, but Segways can fall over onto others. Sure, an ECV can slam into you and OWIE that hurts, but the potential for damage to the operator and their "victim" (for lack of a better term occuring to me) is far, far less.

It is awful that many people are disabled, and I know that as well as anyone, but that is life. We cannot always expect life to accomodate our desires, or even our needs. And I'm not talking about discrimination here, I am talking about reality.

One thought occurred to me though -- how would someone who can't sit down for long periods of time be able to enjoy WDW with as opposed to without a Segway? They will not be able to ride rides, because as someone said, they have to get up every few minutes, and if it is just a matter of having to get up and stretch, then that can be done while in an ECV. I just feel as though this is some sort of straw man.

Please know that I am not trying to be callous here, but how much accomodation is enough??

[kakn7294]

I guess the bottom line here is that if Disney were to allow Segways in the parks, it would have to be only personal models, no park rentals like the WCs and ECVs. That means that the drivers of those Segways are experienced in their use and are not people who are renting them for the very first time at the parks. When you think about it that way, they probably are safer than a lot of little, old grandmas who are renting an ECV for the first time. I've actually changed my mind on this issue now and I think it wouldn't necessarily be a bad thing for Disney to allow them - but personal models only, no rentals outside of the Segway tour. Besides, Ian has already pointed out that it's a very small population percentage who use Segways who would be traveling to Disney. Most mobility disabilities do mean that those suffering can't walk for extended periods and Segways are quite expensive and out of reach for the average person - it won't be likely that most of us would ever even see a guest on one other than that Segway tour if they were allowed.

[caryrae]

If Disney were to lose the case. They should say fine but you need something to prove you can drive the Segway safely, like a Segway drivers license and then they should have to sign some form stating the driver of the Segway is responsible for any property and/or bodily damage done if they were to hit something or someone.