Last December Disney announced they had reached a settlement with three plaintiffs who sued to be allowed to ride their Segways in the Walt Disney World resort and parks. The plaintiffs each had a disability for which they used the Segway as an assistive device and, the claimants pointed out, to give them more dignity when visiting Disney’s theme parks.
Today the original lawsuit was thrown out by a court who said that just feeling more dignified was not enough reason to force Disney to allow Segways when existing devices (wheelchairs) work just fine. Disney, of course, is claiming victory and oddly enough, so is another party.
Disability Rights Advocates for Technology (aka DRAFT) claims that the settlement Disney made with the original plaintiffs would have prevented future visitors to the parks who rely on Segways and other new forms of transportation for more than just a more dignified visit to the park from filing their own claims.
More at Bloomberg and the Orlando Sentinel.
An interesting twist in Disney’s fight to keep guests from riding Segways at its parks and resorts. http://is.gd/43F7I
Disability Rights Advocates for Technology (DRAFT) Press Release
FEDERAL COURT TOSSES OUT DISNEY SETTLEMENT
Judge Opens Door to a Remedy for Disabled
Disability Rights Advocates Vow to Pursue Open Policy for Segways
Contact: Chris Black
Tel: 202 333 3853
Mobile: 202 302 4748
[email protected]
ORLANDO, FL. – In a striking victory for the disabled, a federal District Court judge tossed out a
proposed settlement which would have banned personal Segway use forever in all Disney properties in
the United States.
“This is a victory for disability rights and we are heartened by the court’s findings,’’ said Jerry Kerr,
President of Disability Rights Advocates for Technology (www.draft.org), the non‐profit organization
which organized opposition to the proposed ban. “But Disney’s policy on Segways still stands. We call
on the Walt Disney Company to voluntarily change its policy and recognize the rights of disabled people
to use the assistive device which best meets their needs.’’
US District Judge Gregory A. Presnell tossed out the proposed settlement after four months of
deliberation after holding a two‐day fairness hearing on the proposed ban last June. DRAFT members
and disabled war veterans were among those who testified against the settlement. In addition, the civil
rights division of the U.S. Justice Department and 23 state Attorneys General filed friend of the court
briefs objecting to the settlement.
DRAFT did not bring the original law suit against the Walt Disney Company. DRAFT got involved when
the original three plaintiffs agreed to a settlement which would have banned all personal Segway use in
perpetuity in all Disney properties. Disney uses Segways for its own employees and for paid Segway
tours for park visitors but banned the use of private Segways ostensibly for safety reasons.
The Segway has found a loyal following among many disabled people. DRAFT has presented more than
350 Segways to military service members who suffered disabling injuries in Iraq and Afghanistan in the
last three years. One of those recipients, Major Daniel Gade, a former member of the White House
domestic policy staff who lost a leg in combat, testified at the fairness hearing.
Judge Presnell said the section of the federal Americans with Disabilities Act cited by the original
plaintiffs was not sufficiently broad enough to expressly allow Segways but in his opinion he recognized
that the important psychological advantages of a disabled person using a Segway which allows a user to
stand upright instead of a wheelchair.
“This case is not about necessary accommodation,’’ said the ruling. “ The real question, it seems, is the
extent to which the ADA can (or should) promote equal treatment and human dignity by requiring
acceptance of new technologies. As Major Gade and others testified, the Segway is quickly changing the
way disabled Americans are perceived and treated in our society. The importance of this interest simply
cannot be overlooked.’’
Judge Presnell left open the possibility that another law suit or action by another branch of government
might be sufficient to overturn the Disney ban. The Justice Department is working on regulations which
are expected to classify the Segway as a legitimate assistive device when used by the disabled to
improve their mobility.
David Ferleger, lead counsel for DRAFT and a legal advocate for the disabled for more than 35 years, said
the original lawsuit contained fatal flaws which could be addressed in another legal action.
“It is gratifying to see the court recognize the tremendous importance of technology to people with
disabilities and to recognize that federal law specifically protects the dignity of disabled people,’’ said
Ferleger.
David Ferlenger, the ADA counsel, can be reached at: Office 215 887 0123
Mobile: 215 498 1777
Sadly, the Judge’s order dismissing the lawsuit says nothing about DRAFT or the invalidity of Disney’s Policy. If you’re saying the chance to fight again is a victory, well then that’s a pretty low standard.
DRAFT did not bring the original law suit against the Walt Disney Company. DRAFT got involved when
the original three plaintiffs agreed to a settlement which would have banned all personal Segway use in perpetuity in all Disney properties.
Disney cannot hide behind a bogus settlement. The Judge agreed with us (as objectors to the class action settlement) that the three plaintiffs did not represent the class.
A HUGE victory for people with disabilities.
This is just the beginning.
If they are used in the park, they should have to be set to less than 4 MPH. They are a danger to all visitors and kids in the parks. Employees are trained to ride them and the tours happen in the early morning before the park opens (so I have been told). If someone (disabled or otherwise) hits me or my children with one of those things, it will become much more personal than just a lawsuit.
I’m sorry, but I just don’t see how a Segway is more dignified than a wheelchair or an ECV. Yes, you’re standing up, but you still look goofy. Also, as dangerous as wheelchairs and ECV’s (Electric Convenience Vehicles) are in the park, I could only see Segway’s being infinitely more dangerous. I think I might have said this on these comments before, but as a Cast Member I suffered quite a few minor injuries just from wheelchairs and strollers. This isn’t Disney trying to keep these people down, it’s a serious safety and liability issue.
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