Segway lawsuit

[PixieTinkerbell]

I was wondering if anyone had any information about the Disney/Segway lawsuit. I saw a brief news article indicating that Disney had settled a lawsuit with residents of Illinois and Iowa over Segway usage. It metioned something about Disney's ban on personal Segway use in the parks violates federal disability laws. I'm curious for more information.

Do you think the settlement means that Disney will have to allow personal Segways into the parks? If so, that sounds awful.

 

[captainkidd]

Just another example of people thinking that they can make whatever rules they deem appropriate.

 

[DisneyJoe]

http://thedisneyblog.com/2008/12/08/disney-segway-lawsuit-settled/

"As part of the deal, Disney will provide disabled visitors alternate access to parks in Florida and Disneyland in California. The new vehicles, called ESVs, are intended to replicate in dimension and operation a common wheelchair or motorized scooter while allowing users to stand upright, according to court papers."

 

[Monty]

Reading the article, it sounds like a very positive outcome for all concerned. Disney demonstrates an understanding of the real crux of the complaint and those complaining get what they really wanted without getting what they originally asked for. They asked for Segways because they want to be able to see the parks from an upright position, they got ESVs which will provide that capability without the safety issues that would come with Segways.

Doesn't seem remotely like "Just another example of people thinking that they can make whatever rules they deem appropriate.", in fact it sounds like both sides actually worked together for a satisfactory outcome. Disney clearly recognized a need and accommodated it. They also recognized the validity of the complaint and covered legal costs and comped a vacation for the plaintiffs.

Good on The Mouse! :sohappy:

 

[PixieTinkerbell]

I think I was just more afraid that they were going to have to allow personal Segways into the parks. It's so cluttered now with strollers, wheelchairs, and scooters, it would just be so much worse if Segways were allowed. But it seems like the settlement was a good compromise.

 

[Timekeeper]

Based on the available information (and I'm sure there is more information that has not been published due confidentiality as the result of a settlement), there is virtually no likelihood that the petitioner would have succeeded. If the ADA could be boiled down to two key words, those words would be reasonable accommodation.

Individuals that fall within the purview the act are not permitted to specific accommodation of choice, but simply accommodation that is reasonable. One can analogize this to the 6th Amendment's right to counsel. That does not mean a defendant in a criminal proceeding can choose any lawyer that he wants at the expense of the state; it only requires that the state furnish him with competent counsel. Individuals with disabilities cannot insist that they be allowed to drive Hummers within the parks. Disney just needs to ensure that there is a reasonable accommodation in place.

If the petitioners in this situation had a strong claim, there are plenty of groups out there that would have advocated on their behalf - not wanting a settlement in order that they can set precedent for others in the community. Those groups probably chose not to step in and force the issue because it was a loosing battle. (Note that, had the petitioner lost in the form of a court judgment, that would have actually created a negative precedent for individuals with disabilities.)

This is why settlements are viewed as the only win-win alternative dispute resolution. It is often said that, in court, no one really "wins."

 

[bgraham34]

This is why settlements are viewed as the only win-win alternative dispute resolution. It is often said that, in court, no one really "wins."

I have heard that before but I have a friend who won a bogus lawsuit who never should have won and which allowed him to never have to work again. I was angry about that, so I guess he did win.

 

[J_Krafty24]

I hate bogus lawsuits. I know of someone who after surgery didn't follow the doctors orders so therefore didn't recover as expected. Then they sued for malpractice and won. The hitch was that if you sue for malpractice and win you have to pay back your insurnace company for everything that they covered. In the end this individual had to pay more than they won in the lawsuit. I call that karma

 

[nolatron]

I'm surprised someone would even want to bring in a segway to a park considering how much it costs (few thousand). I'd be more worried about kids/teens/adults trying to play it/take a photo/etc.. while riding a ride if it was me.

As a visitor, I'd also be worried about a segway driver running over a child in a crowded area (busy park days, parade areas, etc...). Unlike a scooter where you use a throttle to move forward/reverse, a segway you use a body. Get shoved from behind by accident and you're segway is going to go leaping forward. Seems you could easily lose control of where you're going in some of the areas of the park that see lots of traffic.

I can see it's pros for disablied visitors, but I feel it will also have its cons.