The Disney Segway suit is back on for Round 2

The plaintiffs in the lawsuit seeking to use Segways as assistive devices at Disney theme parks have filed an amendment to their complaint stating they do in fact plan to visit Walt Disney World in the future. That means the suit is back on.

I don’t pretend to know all the legal issues related to the case, but Jonas has updated his blog with the latest details and his opinion.

My guess is that Disney will likely make another motion to dismiss for
failure to state a claim before discovery begins. If that isn’t
granted, Disney will likely move for summary judgment after discovery.
Disney appears to have a very strong case in my opinion, so unless
something spectacular happens in discovery, I presume Disney will
prevail.

Either way, I think the case needs to go to trial so the matter can be settled in the public eye. I honestly see both sides of the issue. A reasonable person who is used to using their Segway as an assistive device in areas that are as populated as a Disney park (say the streets of New York or an open air Mall) could reasonably expect that Disney would be no different. And Disney can reasonably be expected to act to preserve the safety of their visitors.

Jonas makes a good point that since Disney is essentially prevented from requiring proof of disability, if the courts allow Segway use, then Disney might be forced to allow all Segways into the park, just as they are required to allow all motorized wheelchairs right now.

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4 Responses to The Disney Segway suit is back on for Round 2

  1. Jonas says:

    Interesting points about the streets of ny or an open air mall. But on the other hand, I think Segways are banned on nyc and San Francisco sidewalks – places with lot of foot traffic. Disney has a lot of foot traffic too. In some places and at some times, Disney has just as much or more foot traffic as a nyc sidewalk (like when a show lets out or during a parade or fireworks).

    Who know how this will play out. But it is an interesting case.

  2. Pingback: Segway Lawsuit about to become moot? | The Disney Blog

  3. Dan Ault says:

    Don’t be sure about Disney Prevailing. There is so much most of those who have opposed this case do not know. My guess is that everyone will prevail in this case. Disney, the plaintiffs and most importantly the entire disabled community… Disney is a compassionate company and believe it or not folks has failed to consider many points until the recent depositions. My guess is Disney will do the right thing and all you negative bloggers will be made to look like very insensitive and heartless people. There has been allot of negative blogging going on out in cyber land. My advice is think before you talk and know the facts of the case before you attack someone, especially a handicapped person. Many disabled people feel the Segways are just an extension of their legs… Watch very closely everyone the answer is not to far off.

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