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
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.