Segways spark suit vs. Disney

[ClemsonTigger]

Just another viewpoint...

OrlandoSentinel.com

Note to Disney: Don't give up on Segway suit

Mike Thomas
COMMENTARY
November 13, 2007



You would think Grumpy is calling the shots at Disney, forbidding disabled visitors from using Segways at the theme parks.

This has prompted a federal lawsuit, which could turn into a class-action suit on behalf of all disabled Segway users.

Since this makes the Mouse look mean, the story is getting national attention.

Such is the curse of Disney.

I wish there were a sharply defined right or wrong position to jump on here.

I can empathize with a disabled person who wants to stand tall.

But I also am intimately familiar with the scrum of Disney crowds. Trying to get out of the Magic Kingdom after the closing fireworks rivals anything you'll encounter on a New York subway.

Only at Disney there are hordes of waist-high munchkins underfoot.

It's hard enough not tripping over them when you're walking. I can only assume that trying not to run over them while elevated on a Segway would be more problematic, particularly on the monorail ramps or winding sidewalks in Animal Kingdom.

I've ridden a Segway, and they can be temperamental.

There are pictures of President Bush almost doing a face-plant while trying to get up on one. Say what you will about his competence as leader of the free world; the guy is pretty athletic.

Segways may not be Corvairs, but they do have their problems.

Last year, Segway had to recall its scooters because of a glitch that sometimes caused them to unexpectedly apply reverse torque to the wheels, throwing riders off. There also was a 2003 recall because of a software problem that caused accidents.

Disney is rightly concerned.

The company is required by the Americans with Disabilities Act to provide handicapped access.

But what does that mean?

If a disabled person can get around just as well in a wheelchair as on a Segway, does Disney have the right to pick the wheelchair in the interest of guest safety?

One of the people suing Disney says she did not want her children seeing her rely on a wheelchair.

But to go that route means we expand the ADA to accommodate not only people's disabilities but also their feelings about their disabilities.

I feel for that woman, but this is a huge legal leap. But how do you fight it? Does Disney cross-examine a mother of two who has Lou Gehrig's disease?

A good lawsuit is all about sympathetic plaintiffs.

A shopping mall in Illinois agreed to allow Segways after being threatened with a similar lawsuit.

The American Civil Liberties Union filed a lawsuit against a mall in New Mexico on behalf of a Segway user. Settlement negotiations are ongoing, but the plaintiff is allowed to use his Segway in the meantime.

I hope Disney fights this because I think a reluctance to stand up to the ADA threatens to expand the law beyond all scope of reason. But the company will settle.

Who knows what is next.

Now the line between obesity and disabled is blurring, meaning soon you may be able to eat your way into government protection.

I can just see all those gravity-challenged guests at the Magic Kingdom, already a nuisance in their electric carts, graduating to Segways.

And when the inevitable accident occurs, guess whose deep pocket the lawyers will go after?

M-I-C . . .

Mike Thomas can be reached at 407-420-5525 or mthomas@orlandosentinel.com.
Copyright © 2007, Orlando Sentinel

The Orlando Sentinal coming to the aid of the Mouse....what is this world coming to??????

Maybe they should encourage these people to bring their Segways... but with a "license" giving their name and that of their insurance company. Then make sure anyone injured by being run into be able to sue the riders for damages. See how long these people use them in public after a little of their own medicine. :fork:

 

[Hakunamatata]

The Orlando Sentinal coming to the aid of the Mouse....what is this world coming to??????

Maybe they should encourage these people to bring their Segways... but with a "license" giving their name and that of their insurance company. Then make sure anyone injured by being run into be able to sue the riders for damages. See how long these people use them in public after a little of their own medicine. :fork:

Or maybe signing an agreement that if you cause any type of injury or property damage while on Disney property with a Segway = banned for life.

 

[BiggerTigger]

I may have missed this in the thread but segways are only banned from certain parts of the property (the theme parks and possibly waterparks *hate to see one of those contraptions do summit plummit).

Disney as no concern with the use of the segway for disabled people, there concern merely lies in that the safety of them in large crowds (again in the theme parks and water parks) can be a concern. Disney further points out that they have alternative equipment that can be used by a disabled person. So, where does the dignity part come in? Disney has not made alternative enterances and path ways for the disabled, they have not segregated the disabled to various areas, and they have not denied them
access unless they refuse to use a deemed alternative mode for mobility within these particular sections of the property.

We have many different opinions and comments about those that need other modes for mobility (and many comments on those we deem not in need of these devices), but the bases of the law suit simply is "Is Disney infringing on the dignity of a person that wishes to use a Segway as oppose to another approved wheeled device?"

Everyone has a difference of opinion when it comes to dignity. Dignity is the quality or state of being worthy of esteem or respect. So does going from one contraption to another contraption make me less of a person? I am disabled and do need assistance from time to time, but for me, I haven't lost my dignity because I need that assistance.

 

[tigsmom]

I may have missed this in the thread but segways are only banned from certain parts of the property (the theme parks and possibly waterparks *hate to see one of those contraptions do summit plummit).

Disney as no concern with the use of the segway for disabled people, there concern merely lies in that the safety of them in large crowds (again in the theme parks and water parks) can be a concern. Disney further points out that they have alternative equipment that can be used by a disabled person. So, where does the dignity part come in? Disney has not made alternative enterances and path ways for the disabled, they have not segregated the disabled to various areas, and they have not denied them
access unless they refuse to use a deemed alternative mode for mobility within these particular sections of the property.

We have many different opinions and comments about those that need other modes for mobility (and many comments on those we deem not in need of these devices), but the bases of the law suit simply is "Is Disney infringing on the dignity of a person that wishes to use a Segway as oppose to another approved wheeled device?"

Everyone has a difference of opinion when it comes to dignity. Dignity is the quality or state of being worthy of esteem or respect. So does going from one contraption to another contraption make me less of a person? I am disabled and do need assistance from time to time, but for me, I haven't lost my dignity because I need that assistance.

Not all people feel the same way. The people who are suing say their dignity is being taken away by being made to sit lower than the normal person, whereas being eye level on a Segway preserves it. :shrug:

 

[Hakunamatata]

Not all people feel the same way. The people who are suing say their dignity is being taken away by being made to sit lower than the normal person, whereas being eye level on a Segway preserves it. :shrug:

Well if being eye level preserves dignity, why cant they (Disney) put some oversized tires on the scooters? Further, with that basis, everyone that is shorter than the tallest person in the world has no dignity.....:brick:

 

[KeeKee]

Not all people feel the same way. The people who are suing say their dignity is being taken away by being made to sit lower than the normal person, whereas being eye level on a Segway preserves it. :shrug:

Why is it Disney's responsibility to erase the effects of their medical disability? This is simply absurd! Life is unfair at times and trying to equalize all conditions through the legal system is ridiculous.

Granted the ADA was a necessary thing for accessibility, but it can and is going too far at times. You can't make everyone the "same" by enacting laws. We are all different and our lives are different; what happens to us is different and how we deal with it is different.

If eye level is a measure of dignity, then, I just don't know what to say. That is absolutely absurd!

 

[KeeKee]

One more thought - if this eye level argument were the true measure of one's dignity, then basketball players would be the most dignified among us. Do I need to continue...?

 

[Timmay]

A Segway is capable of greater speeds and of causing worse injuries to both the rider and the pedestrian; it is not a medical device, but a "toy" in the same vein as a go cart, snowmobile or jet ski. Disney has the responsibility of protecting all of its patrons and not just a select few. Were there no other options open to those individuals then I believe they would have a case, but there are other options and Disney has met their obligations under the law.

Careful...that type of thinking is clearly not progressive enough.

 

[Shere_Khan]

One more thought - if this eye level argument were the true measure of one's dignity, then basketball players would be the most dignified among us. Do I need to continue...?

Not to mention small people.

 

[J_Krafty24]

Not all people feel the same way. The people who are suing say their dignity is being taken away by being made to sit lower than the normal person, whereas being eye level on a Segway preserves it. :shrug:

Well if that is the case then if they get to use a segway I want to use one too so that I don't loose my dignity when they are towering over me on a cool tech toy. Come to think of it all tall people should stoop when they walk to that they don't infringe on the dignity of short people. Plus really short people should get to wear stilts everywhere.

(end sarcasm)

People are different. Some are short some are tall. Some have reasons that they have to use mobility assistance. It is part of the world and it is ok - but noone should expect everyone everywhere to bow down to them and make exceptions to any rule they don't feel like following, especially if those rules are there for the safety of others.

 

[Champion]

Not all people feel the same way. The people who are suing say their dignity is being taken away by being made to sit lower than the normal person, whereas being eye level on a Segway preserves it. :shrug:

By that logic, I have no dignity because I'm shorter than the 'average' person.

 

[wickedfan07]

Why is it Disney's responsibility to erase the effects of their medical disability? This is simply absurd! Life is unfair at times and trying to equalize all conditions through the legal system is ridiculous.

Exactly. When did the dignity of its guests become Disney's responsibility? Plenty of people in the past had been forced to use wheelchairs. They may not have liked it much, but they learned to live with it. Why are these people any different? I agree with Disney, not because I'm a Disney fan, but because I have common sense. I'm sorry that these individuals are disabled, but their misfortune is not Disney's problem. Disney has made its attractions and facilities handicap accessible, and they provide wheelchairs and scooters for rent. What more do you want? disney should not let this one go...the safety of ALL of its guests could be at stake.

 

[Shere_Khan]

Why is it Disney's responsibility to erase the effects of their medical disability? This is simply absurd! Life is unfair at times and trying to equalize all conditions through the legal system is ridiculous.

I absolutely agree.
I understand where these people are coming from. It must be a tough issue for them if they are taking it to this level, but in my opinion Disney should not be sued based on the personal feelings of individuals. If the segway were truelly needed for medical purposes then fine, sue away! But they are not sueing because of medical reasons, they are sueing because of emotional feelings. It doesn't make sense.

 

[tigsmom]

By that logic, I have no dignity because I'm shorter than the 'average' person.

I'm just 5'4" so I guess I have little dignity compared to my taller friends and family. :lol:

I'm all for preserving one's dignity, its something I took great pride in when I was a practicing nurse specializing in geriatrics. I cannot agree with the "eye level = dignity" angle because it just doesn't wash (and I think many of the above posters pointed this out). Tall people have more dignity than shorter ones? I can empathize with those who are confined to wheelchairs for short or long periods of time and I'm sure they would do anything to be able to walk freely (whether they are tall or short), but I think this suit is just off the mark.

 

[DisneyMusician2]

We simply have a litigation-happy culture right now, but hopefully this one will get thrown out.

The Sentinel defending Disney...that is how off-base this one is, that someone on staff can side with the mouse.

 

[KeeKee]

Don't we all agree that anyone who knows the Christopher Reeve story knows that a wheelchair and a crippling disability cannot rob one of one's dignity - assuming one had it to begin with...?

 

[Deadmanwalking]

Just another bogus lawsuit brought about to line a lawyer's wallet.

If it ain't a certified medical device the suit should get tossed and the plaintiffs nailed for filing a frivolous lawsuit.

The only real question I have is whether you are allowed to use your own wheelchair/scooter or if you have to rent one from Disney.... if Disney is trying to force you to rent thier overpriced wheelchair/scooter then I can see a lawsuit actually winning, but not one trying to force them to allow segways.

 

[Deadmanwalking]

Don't we all agree that anyone who knows the Christopher Reeve story knows that a wheelchair and a crippling disability cannot rob one of one's dignity - assuming one had it to begin with...?

Being in a wheelchair doesn't rob anyone of their dignity... the whole dignity angle is just a PC way of whining about life not being fair.... if anyone yammering about loss of human dignity had half a brain cell they would know that dignity is a philosophical notion that rational beings have an intrinsic and absolute value... how that applies to someone that can't walk is beyond me.

 

[Deadmanwalking]

Not all people feel the same way. The people who are suing say their dignity is being taken away by being made to sit lower than the normal person, whereas being eye level on a Segway preserves it. :shrug:

Well in that case all you short people line up I plan a lawsuit against God for not making me as tall as everyone else.

 

[Monty]

Don't we all agree that anyone who knows the Christopher Reeve story knows that a wheelchair and a crippling disability cannot rob one of one's dignity - assuming one had it to begin with...?

Being disabled doesn't "rob one of one's dignity", but being perceived by others as being "lesser" by reason of one's disability can. And nothing personal, but it's a whole bunch different "knowing" Reeve's story and living his, or any other disabled person's life.

I've been disabled for 16 years. I am a self-confident, independent and happy man, but I don't go a day in public without people reacting to my disability. When society can accept me as I am and recognize that I am as capable and indeed in many instances more capable than my fellows despite not having fingers, then perhaps my dignity will survive intact.

If the plaintiffs in the lawsuit honestly believe the general perception of their disability will be less condescending or pitying by moving using Segways, then they have every right to pursue their claim. The courts will decide, based on the legal merits of their case, whether the ADA's protections extend to the use of Segways or not. While I understand the humiliation inherent in riding in a wheelchair [I've been there and will likely end up there permanently sooner than most] and having to look at others' backsides in lines, having people talk to you like you like you're a toddler, having people stand right beside you and try to cause you neck cramps because they're too close to look at, I don't agree that being permitted to ride a Segway is a reasonable accommodation and I hope Disney wins. But it is for the courts to decide, not any of us.