Segway Lawsuit Against Disney Thrown out of Court

[PhotoDave219]

Have fun, Kids.

http://orlandosentinel.com/business/local/newsletter/orl-biznews-segway022108,0,4592460.story

Judge dismisses lawsuit against Disney

Scott Powers and Jason Garcia

Sentinel Staff Writers

11:54 AM EST, February 21, 2008


A federal judge has thrown out a lawsuit against Walt Disney World aimed at forcing the company to allow disabled visitors to ride two-wheeled Segways in its theme parks.

U.S. District Judge Gregory A. Presnell dismissed the suit from U.S. District Court for the Middle District of Florida on Wednesday after agreeing with Walt Disney World's contention that none of the three people who sued had any standing to do so, because none of them demonstrated any intention to visit the resort in the near future.

"We asked for dismissal and the court agreed it was appropriate," Disney World Acting Vice President Jacquee Polak stated this morning. "We provide a variety of accommodations to guests with disabilities, which allow them to fully enjoy our theme parks."

The three plaintiffs -- a man and woman from Illinois and a woman from Iowa -- sued in November, contending that Disney violates the Americans with Disabilities Act by forbidding guests from using the upright scooters within its parks. One of them has multiple sclerosis, another has Lou Gehrig's disease and the third lost his foot in a 1999 accident; all cannot walk and say they now rely on Segways for mobility.

None of their lawyers was immediately available this morning to comment on Presnell's order.

The three had been seeking class-action lawsuit status, which could have potentially opened the case up to thousands of Segway users nationwide.

Disney says it has safety concerns about allowing Segways to maneuver through its often-crowded parks and that it has no practical way to gauge whether a Segway user entering a park is adequately trained on the scooters. SeaWorld Orlando also bars Segways.

Both theme-park companies say they make other accommodations for disabled customers by allowing motorized wheelchairs and conventional motorized scooters.

Copyright © 2008, Orlando Sentinel

 

[mkt]

The reason for dismissal doesn't make their points any less valid.

 

[aleckendyl]

FANTASTIC!
This was just another liberal frivolous "im disabled" i need assistance B.S. lawsuit.
SOO many folks that have no true disability abuse the system so much.
Kudos to the courts.

 

[SeanC]

FANTASTIC!
This was just another liberal frivilous "im disabled" i need assistance B.S. lawsuit.
SOO many folks that have no true disability abuse the system so much.
Kudos to the courts.

Ummm...Not sure what makes it "liberal" and I believe the people were, in fact, disabled. I too am glad it was dismissed because it was frivolous, and probably politically or publicity motivated having to do with the Segway lobby.

 

[aleckendyl]

Ummm...Not sure what makes it "liberal" and I believe the people were, in fact, disabled. I too am glad it was dismissed because it was frivolous, and probably politically or publicity motivated having to do with the Segway lobby.

Well i do understand your comment and respect it.
The liberal point was made from a "nexus" report on the web last year that provided stats that had 78% of ALL lawsuits were filed with the assistance of a "left leaning" source...I.E. ACLU.
Im trying to provide a link.........

 

[mkt]

FANTASTIC!
This was just another liberal frivolous "im disabled" i need assistance B.S. lawsuit.
SOO many folks that have no true disability abuse the system so much.
Kudos to the courts.

Please, explain why it was liberal? Also, as no monetary compensation was being asked for, I don't see how it is frivolous either. I can see that perhaps those who filed it were essentially trying to incite some change in policy, especially since the only ways to make a private company listen are A- sue, B- withhold payment.

And lastly, I am extremely offended at your ' "im disabled" i need assistance B.S. lawsuit' comment. Please, enlighten me as to what defines a true disability.

 

[aleckendyl]

Please, explain why it was liberal? Also, as no monetary compensation was being asked for, I don't see how it is frivolous either. I can see that perhaps those who filed it were essentially trying to incite some change in policy, especially since the only ways to make a private company listen are A- sue, B- withhold payment.

And lastly, I am extremely offended at your ' "im disabled" i need assistance B.S. lawsuit' comment. Please, enlighten me as to what defines a true disability.

I could care less if you're offended. Thats YOUR problem.
My disabled comment meant this: ALOT of folks are no more disabled than i am. Yet, They use spaces, Motorized wheel chairs and any other means to abuse the system.
Now, If one IS confined to a wheelchair or paralized, M.S. or a serious medical problem exists, then i have NO problem and fully support and would do anything in my power to help them.
My point is and will continue to be that far more folks that simply dont need assistance...Want it.
They minimalize those who DO need it.
I am almost deaf in one ear and cant hear too well in the other....Im in NO way disabled. I refuse to wear a hearing aid and im a Professional Firefighter/Medic. However, im sure there is someone out there parking in a handicapped spot cause they cant hear. They can probably hear better than me.
I just dont like abusers.

 

[mkt]

I could care less if you're offended. Thats YOUR problem.

Cause and effect. Yes, it is my problem. Which was caused by you. But I'm sure that with this enlightened attitude you display, no amount of reason would be able to penetrate what I perceive to be an extremely thick cranium.

My disabled comment meant this: ALOT of folks are no more disabled than i am. Yet, They use spaces, Motorized wheel chairs and any other means to abuse the system.
Now, If one IS confined to a wheelchair or paralized, M.S. or a serious medical problem exists, then i have NO problem and fully support and would do anything in my power to help them.
My point is and will continue to be that far more folks that simply dont need assistance...Want it.
They minimalize those who DO need it.
I am almost deaf in one ear and cant hear too well in the other....Im in NO way disabled. I refuse to wear a hearing aid and im a Professional Firefighter/Medic. However, im sure there is someone out there parking in a handicapped spot cause they cant hear. They can probably hear better than me.

I will partially agree with you, but just because you're well enough (or stubborn enough) to cope with your disability, doesn't mean others are.

It's about choice. You choose to assimilate with the able-bodied masses (and admirably so), but others may not. Everyone has a different story, so who are you to judge whether or not they are right in their actions? You're no one, that's who.

I just dont like abusers.

Something we can both agree on, albeit I'm certain that our definition of an "abuser" is not the same.

 

[the-reason14]

Ive seen a few people abuse the wheelchair privilage, or atleast tried too. These teens were trying to front like one of them couldnt walk, and I saw one of them get in a wheelchair as if he needed assistance. Had they pulled up to the bus stop we were at, I would have called them out and made sure the driver knew there wasnt nothing wrong with that dude. That kinda stuff irks me.

 

[JasonP]

In defense to the aleckendyl I don't believe he means people who are genuinely disabled. You know just as well as the rest of us there are MANY people that take advantage of any and all disability benefits like social security and even lesser benefits like handicap parking. People often times abuse the system to receive treatment they think they need and others are the ones that pay for it in the end. In all honesty, How many people do you see in a day in the Magic Kingdom in a motorized wheelchair that actually appear to not need it? I say appear cause you can never truly judge someones disability, but on the other hand in MK how many times have you seen a family switching places on a motor scooter/wheelchair? I have personally seen young families do this and even jump off the motor scooter and start running around.

 

[CAPTAIN HOOK]

:lookaroun

 

[King Racoon 77]

Just my 5 cents

I think the real issue here is not whether somone is diabled but the actual use of segways in the parks themselves.There is a lot more chance of accident or injury with these devices than with a standard ECV/wheelchair.Again just my 5 cents:lookaroun

 

[MouseMadness]

The reason for dismissal doesn't make their points any less valid.

No, but the reason is awesome none the less :lol:

I guess a judge can't tell people to stop attention whoring, can he or she? :lookaroun :zipit: :lol:

 

[scpergj]

No, but the reason is awesome none the less :lol:

I guess a judge can't tell people to stop attention whoring, can he or she? :lookaroun :zipit: :lol:

Yeah!

However, a looser pays system would fix these problems....

 

[Monty]

Yeah!

However, a looser pays system would fix these problems....

And discourage legitimate lawsuits from unfortunates who can't afford to 'risk' running into a radical judge for fear of losing.

The American Justice system is is less about justice and more about money. A loser-pay system would just mean rich people could keep going to court with frivolous lawsuits but poorer folk would never see justice because they couldn't afford it.

We get fewer outlandish lawsuits here in Canada mainly because our courts are less inclined to provide outlandish settlements even in successful suits. Which makes it less appealing to pursue frivolous claims.

 

[Shaman]

This ones easy, and we'll probably see something similar in the future. Disney must prepare. These or other people will go to the park with their Segways, and demand to be allowed in with it...if not allowed....they will leave...and sue.

Right? :lookaroun

As for the liberal thing...um...thats silly. There are many conservative issues fought through the courts as well. But come now, THIS is not a liberal/conservative thing.

If you want some the "perks" disabled people have but you don't qualify...here's a thought......GET YOURSELF DISABLED...and stop whining.

I'm sure those who have disabilities would trade you theirs if they could.

Compassion is gone in today's society isn't it?

:lookaroun

 

[sknydave]

I was formerly of the thought that people should be able to use them if it's easier for them... I have changed my mind since the initial story. I just can't see people driving these things and NOT hit the idiots I see walking around. It's just not going to happen. Someone had a good idea about the speed limiter cards which limit the speeds to about 5 mph, but then you get into the whole moderating who is using what speed. Bleh. They'll just have to do without the segways for now.

And the liberal comment was hilarious. Any chance you get to needlessly throw that in, eh?

 

[ClemsonTigger]

The reason for dismissal doesn't make their points any less valid.

That was my initial take. Whether or not a Segway is to be considered a primary vehicle for the disabled was not touched. Dismissal was only due to the complaintants not demonstrating plans to visit the parks.

Ummm...Not sure what makes it "liberal" and I believe the people were, in fact, disabled. I too am glad it was dismissed because it was frivolous, and probably politically or publicity motivated having to do with the Segway lobby.

That powerful Segway lobby is whats fueling the Obama campaign as well, where will it end?

....thats an attempt at humor kids...

This ones easy, and we'll probably see something similar in the future. Disney must prepare. These or other people will go to the park with their Segways, and demand to be allowed in with it...if not allowed....they will leave...and sue.

Right? :lookaroun

As for the liberal thing...um...thats silly. There are many conservative issues fought through the courts as well. But come now, THIS is not a liberal/conservative thing.

If you want some the "perks" disabled people have but you don't qualify...here's a thought......GET YOURSELF DISABLED...and stop whining.

I'm sure those who have disabilities would trade you theirs if they could.

Compassion is gone in today's society isn't it?

Unfortunately, it seems to be the sorry truth....and mix in a loss of common sense as well...

:lookaroun

The saddest part for me is why Disney? I may be wrong, but I've always viewed the Disney parks as the most inclusive/disability friendly environment I've ever been in. There ARE environments that should be improved for the disabled...they should use their energies there instead of what I would consider "showboating".

 

[GoofyDadKB]

And lastly, I am extremely offended at your ' "im disabled" i need assistance B.S. lawsuit' comment. Please, enlighten me as to what defines a true disability.

Only you can give someone the ability to offend you.

 

[zeroFantasy]

Poor Disney.

Everyone wants to get money from the company. I wish people stopped being so damn stupid and stopped trying to sue any company whenever they don't like something. GAH!!!