Friend banned from most of Volcano Bay rides due to congenital amputation

[lazyboy97o]

I'm in complete agreement that the TM has no choice but to follow UOR rules. It's not his fault. So the actions of the TM were "right" given the rules he has to follow and his employment with UOR. My point is the rules themselves.

As for @lazyboy97o 's observation, I think a physician who happens to have a personal handicap has a pretty good experience knowing his limitations. However, just because rules are written up doesn't automatically make them right. They can be challenged in court, if he desires, and leave it to a judge. A judge could rule either way. Then the ruling would either uphold or change the rules. He may not challenge and decide it's not worth the effort and just boycott UOR VB. But that would strictly be on a personal basis.

Being a physician is rather meaningless if he has no actual experience in determining the safe operation of that equipment. Disabled vets died because people didn’t want to deny access to a disabled vet and assumed they would know their limitations.

The court case would not be against Universal Orlando Resort and/or ProSlide. It would have to be against the federal government, as the Department of Justice has chosen to exempt water slides from their design standards. He has to get the implementation of the law changed before he could have a court change the rules.

 

[lebeau]

I did a quick Google search. This issue is very common in water parks. So much so that there are special water parks built for people with disabilities that would prevent them from enjoying all the attractions at other parks.

If your friend is angry with Universal, he really shouldn't be. The information is available online. They also have brochures available. A little research would have gone a long way. Now that he knows the rules he can decide to go to Volcano Bay or not. The key is to make an informed decision. Either use a prosthetic, accept that you won't be able to ride everything or don't go.

It does seem like you're being a good friend, though. So points for that.

 

[JohnD]

I did a quick Google search. This issue is very common in water parks. So much so that there are special water parks built for people with disabilities that would prevent them from enjoying all the attractions at other parks.

If your friend is angry with Universal, he really shouldn't be. The information is available online. They also have brochures available. A little research would have gone a long way. Now that he knows the rules he can decide to go to Volcano Bay or not. The key is to make an informed decision. Either use a prosthetic, accept that you won't be able to ride everything or don't go.

It does seem like you're being a good friend, though. So points for that.

Yeah. I don’t think I’m being unreasonable. I recognize that TMs have no choice but to enforce the rules as written as a condition of their employment. My friend just thinks the rules aren’t fair. As simple as that. Judging by other FB posts he isn’t returning any time soon. But I know other friends that if it were them, “See you in court.”

 

[General Mayhem]

Yeah. I don’t think I’m being unreasonable. I recognize that TMs have no choice but to enforce the rules as written as a condition of their employment. My friend just thinks the rules aren’t fair. As simple as that. Judging by other FB posts he isn’t returning any time soon. But I know other friends that if it were them, “See you in court.”

This reminds me of a certain situation from not too long ago:
Motivational speaker born without arms sues Universal Studios after she was banned from ALL of the rides by staff

 

[seascape]

The ADA is hard on all parties. What is fare is and reasonable accommodations is not objective but subjective. Therefore courts must be rhe final arbitrator. Is this fare? No, because courts can and do make mistakes. Themeparks must be on the side of over production until ordered to lessen their requirements or they will be liable for any injuries. Legally Universal did nothing wrong. Morally they did nothing wrong. The problem is the ADA and court cases. If each customer were legally responsible for the risks they took riding water slides everyone would be allowed on every slide and the park would have no liability but we all know that is not the case and never will be. So Universal was right in this case, evrn though the good doctor knew he was safe in going on it.

 

[some other guy]

ADA vs Universal's Insurance Company
Live from the Impact Zone!
ONLY ON PAY PER VIEW

 

[donaldtoo]

Yeah. I don’t think I’m being unreasonable. I recognize that TMs have no choice but to enforce the rules as written as a condition of their employment. My friend just thinks the rules aren’t fair. As simple as that. Judging by other FB posts he isn’t returning any time soon. But I know other friends that if it were them, “See you in court.”

Perhaps your friend would benefit (be allowed to ride) from such prosthetic devices as these...?

Upon a cursory search, I could not find any images of them, so I don’t know if they have sharp edges, are made of rough materials, etc., that could damage the slides, mats, etc.

As far as a waiver goes, as others have posted, it probably wouldn’t be worth the paper it was printed on.
I’ve been on 2 gyroplane flights in the last few years and was never asked to sign a waiver.
On the first half-hour flight the pilot let me fly it straight and level, and also had me do some gradual turns. On the second hour-long flight the pilot had me do same, but also had me do a few landings and takeoffs. Again, I was never asked to sign any kind of waiver.

And, for those that may not know what a gyroplane is...

 

[lebeau]

Yeah. I don’t think I’m being unreasonable. I recognize that TMs have no choice but to enforce the rules as written as a condition of their employment. My friend just thinks the rules aren’t fair. As simple as that. Judging by other FB posts he isn’t returning any time soon. But I know other friends that if it were them, “See you in court.”

You're being mostly reasonable. You had me up until the "see you in court" line because there is no legal case here. Whether anyone likes it or not, Universal and the vast majority of water parks in the country are operating within the laws as written. Your friend could lobby for different laws, but there is no case to make against Universal.

 

[mergatroid]

You read the the thread title. Here's his post from FB (with personal info removed):

For Fathers Day I took my entire family, plus extended nieces and nephews to Universal Orlando’s new water park Volcano Bay and was BANNED from most of the rides because I HAVE A NUB!!!​

​

Below find a copy of my official ADA​

ADA complaint # XXXXXXXXXXX​

“I am a 41-year-old physician and father of 4 who took my entire family to Universal Orlando Resorts Volcano Bay theme park on June 15, 2019. I have a congenital amputation of my left hand resulting in my missing all 5 fingers. After going down one slide I was approached by members of the park and informed that I would not be allowed to ride any of the park's rides which involved a mat or float as "two fully functioning hands were required" by their policy. This constitutes most of the rides in the park. I discussed this issue at length with many employees in a civil manner, and even had a meeting with the general manager on duty of the entire park. I explained that the nature of my amputation allows me to grasp using my wrist and elbow, just as if I had a hand. However, the response of Universal Volcano Bay is that "policy is policy" and they would not accommodate my disability. They even acknowledged that it was unfair and refunded my ticket. Nevertheless, I had brought 9 of my family members to the park to celebrate my 17th wedding anniversary and Father's Day and I was barred for riding almost all of the rides with them. I have visited many other adventure parks, including many other water- based theme parks, and this has never been an issue. Again, agents of the park approached me after using their facility in a completely safe and usual manner (not even going down a slide with a mat), and proceeded to bar me from using their facility based solely on their perception of my disability without any attempt at accommodation. The park manager also voiced during our meeting that I am not the first person that they have enforced this policy with.”​

​

So what do you think? Are they right or wrong?

I would say they're right unfortunately for your friend. I'm not sure why him being a physician is relevant as it doesn't make him better at assessing the risks of a water park than being a truck driver would? I suffer from dystonia myself so I'm also classed as disabled. I'm a very stubborn person and don't like others judging what I should or shouldn't do due to my limitations, however at times I have to accept that for safety reasons there are things I'm not allowed to do.

 

[mergatroid]

Had to look that up. I could see this being a problem in many ways.https://www.webmd.com/brain/dystonia-causes-types-symptoms-and-treatments#1

I could see you killing yourself in several ways if your condition is on the bad side. There is a point were you have to say I can't do that.

I've done lots of stuff that would surprise people, parachute jumps, water skiing, abseiling, a bungee jump, paint balling, horse riding, have a wife, a house (mortgage paid off), I drive and hold down full time employment and travel to Orlando annually all whilst suffering from dystonia. None of these things seem impressive to me and they're just things I do because I want to, however a lot of people when they see me probably judge me and think "poor sod, I bet his life is pretty mundane".

And whilst many people (often middle aged women I work with) seem to want to wrap me up in cotton wool for fear of 'breaking me' somehow, I much prefer to do and try many things in life like any any 'able bodied' person would. But sometimes as the OPs friend has found there are things that you can't do for safety reasons and whilst you may not like it, sometimes you have to accept it.

 

[mergatroid]

Any update on what your friend has decided to do?