A judge has tossed out the lawsuit filed by three disabled visitors who wished to use Segways in the park as their assistive devices. Disney had refused use claiming safety concerns. The article has been updated to explain that the suit was refused due to a technicality. None of the plaintiffs could provide standing (ie, that they were planning a visit to Disney World). If they can prove standing, then the suit could proceed again. (via Orlando Sentinel)
Update: Keeping Up With The Jonas has some comments and the actual decision.
In this case, the court dismissed the suit before reachign the merits because the plaintiffs didn’t have legal “standing” to sue. Here, that meant the court couldn’t force Disney to allow the guests to use Segways in the future because none of the plaintiffs even alleged they planned to go to the parks after the date of the decision.
The case looks like it was dismissed without prejudice – meaning the plaintiffs can refile the case and try to correct any deficiency. In this case the plaintiffs have 10 days. It looks like all they have to do is refile the case and say “I plan to return to disney in the future” and the case will be back on.
A copy of the decision is on my website if you want to check it out or post it.
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