Disney Being Sued Over Segway Ban

[Lacy]

I guess Disney is being sued by a disabled group over their ban on segways in the parks. Disney says segways would be dangerous in the parks because they can go more than 12 mph. I tend to be on Disney's side on this one. I can't think of many companies that are more accommodating to persons with disabilities than Disney.

[medic9016]

Disney is being sued by 3 individuals, who are trying to get a class action lawsuit. I really hope Disney wins. I see thier side with safety issues. The whole article in on the Orlando Sentinel Web site.

Segways spark suit vs. Disney
3 disabled people say they need the motorized scooters to get around

Scott Powers | Sentinel Staff Writer
November 10, 2007
Three disabled people who say they rely on two-wheeled Segways to move about sued Walt Disney World in federal court Friday, seeking to force the resort into letting disabled visitors like themselves ride the motorized, upright scooters in Disney theme parks.

The three individuals -- a man and woman from Illinois and a woman from Iowa -- also asked that a judge in U.S. District Court in Orlando certify their suit as a class action, potentially representing numerous disabled users of Segways nationwide

[Speedy1998]

I started a thread about this a couple of weeks ago. As I said there my main concern is how dangerous these things would be to other guest. All you have to do is go to YouTube and type in Segway Crash to see How easy it is to fall off of one. (My favorite video has an instructor say "You won't fall over" just seconds before the student hits the pavement face first). I guess my best argument as to why these are dangerous is because of all the people I have seen wearing helmets while riding them. Have you ever seen someone on an ECV with a helmet? Also, the way the ADA works Disney will have to let anyone that shows up with one in, they will not be able to ask for proof that a person is disabled, or if they can use so alternative means of transportation.

[ibrowse17]

I have been run over by strollers and scooters at Disney, and do not wish to add segways to that list. I hope Disney wins also

[BMan62]

Here's the AP quote...

Disney Sued for Segway Ban
By Associated Press
18 HOURS AGO

ORLANDO, Fla. - Three disabled people have sued Walt Disney World for not allowing them to use their Segways to move around its theme parks.

The plaintiffs are each able to stand but cannot walk far, and they have been denied permission to use their two-wheel vehicles at Disney World, according to the federal court lawsuit.

The suit filed Friday says they're among an estimated 4,000 to 7,000 similarly disabled people who have turned to Segways as mobility tools.

A group called Disability Rights Advocates for Technology, which raises money to donate Segways to disabled U.S. military veterans and pushes for their acceptance, previously asked theme parks to lift bans on the devices. Group co-founder Jerry Karr said Segways offer more mobility and dignity than wheelchairs.

Disney says it fears Segways could endanger other guests because they can go faster than 12 mph.

"We've made our position very clear on these Segways in our parks," Disney spokeswoman Jacquee Polak told the Orlando Sentinel on Friday. "Our primary concern is the safety of all our guests and our cast members. We have a long history of being a leader in creating accessible experiences for our guests with disabilities."

Plaintiff Mahala Ault, 33, has multiple sclerosis; Dan Wallace, lost one foot in an accident and Stacie Rhea has Lou Gehrig's disease. The suit did not give their hometowns, saying only that Ault and Wallace are from Illinois and Rhea is from Iowa.

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

[LibertyTreeGal]

I also side with Disney on this one -- there is no need for anyone to be travelling faster than a walking pace in the parks. Anything more than that is dangerous to everyone, and I can see people suing Disney after they fall using their own segways. And if you do allow people who are disabled to use them then you cannot legally (I believe) deny everyone the right to use them. It opens the door up to too many unforseen possibilities.

[Tekneek]

I cannot see how these people have any real claim. Their only claim would be if Disney were denying them access completely. That is not the case. I believe the ADA only guarantees access, not access on the vehicle of your choice.

[DisneyDudet]

There is a big problem with this. I mean... I do not see Segways as easy things to ride in sever crowds and you can't really see below you very well, and little children holding mom and dad's hands can be completely out of view and be hurt. And they do go fast. And really, if you can hurt yourself on your own vehicle, why would you bring it around so many other people. People, curbs, walkways of different grades and texture fill Disney parks.. Just can't see how it would be safe for anyone, especially the rider.

I don't see why they can't store their Segway and rent an ECV, as they are already using the Segway as such anyway.

Besides, if someone were to fall and hurt themselves at the park on a Segway in a crowd near a curb... who would they blame and sue... Disney.

Lose/lose sit. here boys.

[kakn7294]

I also agree that the Segway ban should stand and Disney should win this lawsuit. It's not like these people didn't have any other options. They could have rented wheelchairs or scooters. I've seen those Segways when CM's are riding them around Epcot and they could be very dangerous in the wrong hands. You've got to wear a helmet to ride one - what does that say?

[Speedy1998]

One other thing as far as danger that no one has mentioned here is battery power. When a electric wheelchair or scooter's battery dies, the worse thing that happens is that the disabled person is stuck until someone helps them (with as many people as there are in Disney it should not be too difficult to find someone willing to help).

On the other hand the worse case senario for a Segway is much worse. When a Segway's battery dies the Segway falls over. According to a website I found about Segway batteries, a charge should carry a rider between 7 and 10 miles. Also consider that a Segway weighs more than 80 pounds. Now imagine this, someone who has been riding their Segway all over the park is leaving with everyone else after Wishes, and their battery dies. How many people do you think will be injured when the Segway and rider falls over?

[Ian]

This suit is ludicrous. It should be dismissed out of hand as having no legal foundation.

The ADA only guarantees people the right to have the same access as others ... it doesn't require companies to allow them carte blanche as to how they go about it.

I'm also fairly certain that any judge and/or jury could see the HUGE downside to this in terms of the risks to other guests.

I side with Mr. Spock ... the needs of the many outweigh the needs of the few. There's about 11,999,997 people who need not to get run down in the parks by nuts zooming around on Segways and there's 3 people who, for some inexplicable reason, claim to need Segways to get around in WDW. I'm quite certain scooters will suffice for their needs.

I'm all for equal access, but let's not get carried away.

[magicofdisney]

Edited: Examples have been set forth.

[Ed]

In the original article, one of the lawyers (you know, those guys who usually get 33% or more of any $ettlement$...) was quoted as saying: "The biggest thing I keep hearing is it is a dignity thing," said Johnson, the lawyer. "People say, 'I don't want to be put in a wheelchair.' "

To carry the plaintiffs' argument to another extent, suppose I claimed that I depended on my horse to get me around due to a disability because I feel it is "undignified" to use a wheelchair or ECV? Is Disney required to allow me to ride my horse through the parks, into the hotels and restaurants, etc???

Of course not!


Dignity is one thing. The safety of everyone else in the parks is quite another. My wife occasionally has to use a wheelchair or ECV due to her disability. It has not diminished her sense of dignity one iota.

I'm 100% on Disney's side on this one.

It's a shame judges can't fine people - that includes the lawyers - megabucks for tying up the courts on such ridiculous, frivolous nonsense.

[magicofdisney]

In the original article, one of the lawyers (you know, those guys who usually get 33% or more of any $ettlement$...) was quoted as saying: "The biggest thing I keep hearing is it is a dignity thing," said Johnson, the lawyer. "People say, 'I don't want to be put in a wheelchair.' "

To carry the plaintiffs' argument to another extent, suppose I claimed that I depended on my horse to get me around due to a disability because I feel it is "undignified" to use a wheelchair or ECV? Is Disney required to allow me to ride my horse through the parks, into the hotels and restaurants, etc???

Of course not!


Dignity is one thing. The safety of everyone else in the parks is quite another. My wife occasionally has to use a wheelchair or ECV due to her disability. It has not diminished her sense of dignity one iota.

I'm 100% on Disney's side on this one.

It's a shame judges can't fine people - that includes the lawyers - megabucks for tying up the courts on such ridiculous, frivolous nonsense.

That argument has no merits, because we all know that IF Disney were to allow these, it would be BECAUSE of a disability. Where's your dignity then? I'm referring to the Segways, not your horse analogy.

[2Epcot]

I also side with Disney on this one -- there is no need for anyone to be travelling faster than a walking pace in the parks. Anything more than that is dangerous to everyone, and I can see people suing Disney after they fall using their own segways. And if you do allow people who are disabled to use them then you cannot legally (I believe) deny everyone the right to use them. It opens the door up to too many unforseen possibilities.

I completly agree. Unless someone has some sort of disability that does not allow them to sit down, they can easliy use another form of transportation in the parks. Also, if they can't sit down, they aren't going to have much fun at Disney anyway.

If the Segways are allowed then Disney would have no way of knowing who really needs them. The problems already exits for wheelchairs and ECV. I see a lot of potential for abuse if Disney were to allow them. I hope Disney wins this as well. I think allowing them would invite a lot more lawsuits from people saying they were injured by people running into them on their Segways. Someone walks in front of a person pushing a stroller, you might get a small bruise or scratch ... Someone walks in front of someone on a Segway going 12 mph, they will probably get more then a bruise or scratch.

[Ian]

I completly agree. Unless someone has some sort of disability that does not allow them to sit down, they can easliy use another form of transportation in the parks.

And even if, for some reason, they can't sit down, isn't there a line somewhere???

I mean really ... you know there's a disease out there (can't think of the name of it) where you can't go out in the sun at all. It's fatal for you, I think.

So what? Is Disney supposed to enclose the entire Magic Kingdom so people affected by that disease can go??

I'm not 100% sure, but I'm fairly certain that the standard is a "reasonable accomodation" ... allowing wheelchairs and ECV's is more than reasonable, if you ask me.

[Ian]

Two other thoughts on this ...

1. I wonder if Disney will have a more difficult time of it due to the fact that they let their own Cast Members ride Segways around Epcot? Might be tough to claim a guest safety issue when you've got your own people riding them.

2. Suppose Disney loses this suit and then, down the road, some idiot runs his Segway at 12 miles an hour into another guest ... a kid even ... and severely injures them? What happens then?

[Ed]

Two other thoughts on this ...

1. I wonder if Disney will have a more difficult time of it due to the fact that they let their own Cast Members ride Segways around Epcot? Might be tough to claim a guest safety issue when you've got your own people riding them.

2. Suppose Disney loses this suit and then, down the road, some idiot runs his Segway at 12 miles an hour into another guest ... a kid even ... and severely injures them? What happens then?

As to # 1 - Disney can very easily document that their cast members have been professionally trained (I understand that the manufacturer provides their training) and have lots of experience maneuvering them in crowds, but that they would have no way of absolutely verifying the training and experience of guests who want to use them in the parks.

And # 2 - I can absolutely guarantee that Disney would be sued for negligence by allowing their use (albeit, by order of a court) in crowded environments.

Can you say "Catch 22" ???

BTW - This same group is using the same strategy to try to get Universal and Seaworld to allow Segways.

[teambricker04]

Have any of you done the segway tour at EPCOT or FW??? My dad and DH did one just last week. According to my DH the CM had all of them set on "turtle" (slowest speed). At various points during the session both my dad (he has a bum knee) and my DH (very fit, a marathoner) had issues keeping the segway in check. DH says it would be CRAZY to have guests riding around on them.

I can only imagine my two year old getting plowed down... YIKES!!!

[HOLITRIN]

As long as there are other modes of transportation for the disabled, then these Segway's should not be allowed. I can't believe that this has even gotten to a court. No wonder our court systems are slow.

Secondly, I wonder if these same individuals will be willing to take responsibility when one of them hits and injures a child or adult with one of these things. They should be ready for a law suit against them when this happens. I certainly would not hold Disney or any other institution responsible if this is an edict handed down by the court system.