Segways spark suit vs. Disney

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mkt

When a paradise is lost go straight to Disney™
Premium Member
Original Poster
what I predicted happened :D

http://www.orlandosentinel.com/business/custom/tourism/orl-disney1007nov10,0,7553050.story?coll=orl_tab01_layout

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.

Mahala Ault of Illinois, Stacie Rhea of Iowa and Dan Wallace of Illinois say in the lawsuit that they use Segways as mobility aids but that Disney has denied them permission to use the vehicles at Disney World. Ault, 33, has multiple sclerosis. Rhea has amyotrophic lateral sclerosis, also known as Lou Gehrig's disease. Wallace lost his left foot in a 1999 accident. Each of them can stand but cannot walk far, the suit states.

They are among an estimated 4,000 to 7,000 similarly disabled people who have turned to the self-balancing, electric Segways as mobility tools, according to the suit.

Introduced in 2001, Segways weren't designed as mobility devices for people with such disabilities. And while thousands may consider them a useful alternative to wheelchairs, their $5,000-plus cost is not normally eligible for health-insurance coverage or state or federal assistance.

Still, the lawsuit contends that Disney violated the Americans with Disabilities Act, which requires businesses to make "reasonable modifications in policies, practices or procedures" to accommodate disabled customers. The suit's goals and arguments are similar to those raised by a group called Disability Rights Advocates For Technology, or DRAFT, which is pushing for nationwide acceptance of Segways' use by the disabled. But neither the three plaintiffs in Friday's lawsuit nor their lawyers are connected with DRAFT, said Nancy A. Johnson, an attorney with Dempsey & Associates in Orlando and one of the plaintiffs' lawyers.

A Disney spokeswoman said Friday that the company had not had a chance to review the suit and so would not comment directly on it.

A report in the Orlando Sentinel last month detailed DRAFT's dispute with Disney and SeaWorld. Both theme-park companies argued then that they meet the needs of their disabled guests by allowing wheelchairs and conventional motorized scooters, and that they have safety concerns about the swifterSegways, particularly on crowded walkways. They said they also don't know of a practical way to determine whether a Segway user entering a park has sufficient training or experience.

"We've made our position very clear on these Segways in our parks," Disney spokeswoman Jacquee Polak said 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."

In their lawsuit, Ault, Rhea and Wallace state that they do not own a wheelchair or conventional scooter.

"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.' "
 

Piebald

Well-Known Member
ugh, where the hell would CMs park/move those things in the case that the guest went into an attraction and just propped it up somewhere? :shrug:
 

bayoutinkbelle

Active Member
Now I'm not a lawyer, so I may be wrong. But wouldn't Disney - or any company - be covered if it provides the means for disabled patrons to access their facilities within reason? And since Segways aren't designed as mobility devices for those with disabilities, wouldn't any company be opening themselves up to a host of whole new lawsuits (say from patrons hit by fellow patrons using them) if they allowed this?

Those were the thoughts I had initially when I heard about this.

*and I predict this thread could get ugly :lookaroun
 

jmvd20

Well-Known Member
If you can use a segway you can use a normal wheelchair or scooter that Disney provides.

I love how at the end the guy said its a "dignity" issue with not using a wheelchair. Could have just said people using a wheelchair do not have dignity... :rolleyes:
 

Figment Liteyr

New Member
Now I'm not a lawyer, so I may be wrong. But wouldn't Disney - or any company - be covered if it provides the means for disabled patrons to access their facilities within reason? And since Segways aren't designed as mobility devices for those with disabilities, wouldn't any company be opening themselves up to a host of whole new lawsuits (say from patrons hit by fellow patrons using them) if they allowed this?

Those were the thoughts I had initially when I heard about this.

*and I predict this thread could get ugly :lookaroun

Tough to be Disney here. Do you get sued for not letting segways into the parks, or get sued when a segway operator runs into and injures a guest?
 

Monty

Brilliant...and Canadian
In the Parks
No
Does Disney offer wheelchair or motorscooter rentals?
Yes, but that has no direct bearing on the lawsuit.

Although I personally side with Disney on this one, the individuals have an argument. If I were given the choice from the standpoint of personal dignity between driving a scooter or driving a Segway, I would certainly feel more comfortable using the latter. That said, the Segway can move considerably faster and would pose a higher risk to other park guests.

My primary concern is rather different though. How could Disney stop wealthy patrons who could afford Segways without problem from bringing them into the parks? As I understand it, the ADA won't allow them to challenge the disability of an individual. Although someone who is wealthy is unlikely to see any 'prestige' attached to driving a scooter, they might very well see it as one-up-manship to ride their personal Segway... Who's to stop them? :shrug:
 

DisneyYorkian74

Active Member
Does Disney offer wheelchair or motorscooter rentals?

Yes, but you are not guaranteed to always have one available to you.

On more than one occasion, people in my party who needed motorized scooters to get around the parks were denied one because they didn't have any left.

Get to the parks early if you really need one because other wise, you're just outta luck.
 

Unplugged

Well-Known Member
I have many handicapped friends and work colleagues. Without any question I support their rights and need for accessibility. :wave:

That said, I have to side with Disney here. I've been run over countless times by those scooters (whom I don't judge but simply accept as par for the course) and don't want to think what will happen with people piloting segways through crowds such as during parades. Think how far above the little ones (children) people stand on those. If my son (2) gets run into by one of those, they're going to eat it. (Obviously, I'd have Disney security deal with the people and not really make them eat it, but you get the intention of my drama.) :mad:

IMHO, no segways for the same safety concerns Disney has. Seems like allowing them would introduce more liability than it would resolve.
 

raven

Well-Known Member
Idea! Someone creative on these boards needs to one of those signs for Disney to put on the guide maps. Instead of the symbol showing guests in wheelchairs must transfer to a ride vehicle, make one showing a guest transfering from a segway to a wheelchair.

Seriously though, rent a wheelchair and be done with it. No need to raise a stink about it. Segways have fallen before and people get hurt. You don't have that risk in a wheelchair.
 

FaerieLuna

Member
If you can use a segway you can use a normal wheelchair or scooter that Disney provides.

I'm sorry, but that is just not true. My mother has a dislocated patella which makes it very difficult for her to walk. She also has degenerative disk disease which makes her unable to sit in a wheelchair or a scooter. I'm not suggesting that WDW be the proving ground for segways - it could indeed be dangerous. But I just wanted to point out that there are people out there who CANNOT use wheelchairs and it has nothing to do with dignity. I wish she could use a wheelchair - it would make things much easier.
 

hemloc

Member
If someone can't sit, they shouldn't be going on rides to begin with.... Sorry, but the truth hurts...:goodnevil

(Oh, and I'm a disabled vet, btw... In case anyone wants to whine about it....)
 

FaerieLuna

Member
If someone can't sit, they shouldn't be going on rides to begin with.... Sorry, but the truth hurts...:goodnevil

(Oh, and I'm a disabled vet, btw... In case anyone wants to whine about it....)

Oh I don't take her on rides. We do other things at WDW. No whining here
 

PhotoDave219

Well-Known Member
Segways are not a medical device. They are motorized transportation for those who can stand.



Side note- I'm with the vet on this. If you can't even sit, why are you visiting a theme park?
 

FaerieLuna

Member
Segways are not a medical device. They are motorized transportation for those who can stand.



Side note- I'm with the vet on this. If you can't even sit, why are you visiting a theme park?

I was not advocating the use of segways at WDW nor claiming they were a medical device, just noting there are people who can't use wheelchairs.

And I thought it was obvious - but there are shows, parades, dining, characters, shopping, etc to do at WDW besides rides.
 

Enderikari

Well-Known Member
Sorry to sound heartless here, but what did these people do before the invention of these (relatively-new) Segways? When did they become a necessity?
 

tigsmom

Well-Known Member
Sorry to sound heartless here, but what did these people do before the invention of these (relatively-new) Segways? When did they become a necessity?

They did what everyone else did...used a wheelchair. Segways are not a necessity, but a luxury.

It is very nice for them that they can afford to use one as they are not covered by any insurance at this time. Wheelchairs have a stigma attached to them (right or wrong) as you can see in any of the various threads here that complain about the people who use them; the same goes for a motorized scooter. It is a personal dignity issue no matter how many people disagree.

I do agree with Disney (and the other companies) on this point though, they can be dangerous when used improperly and in areas where there is a high concentration of people). They do move at a higher rate of speed and with the different terrains and narrow paths in some parts of the parks there could be a problem. Speaking as a person who has been hit numerous times by wheelchairs (both regular and motorized) and by those scooters in the parks I'm glad I won't have the opportunity to be run over by a Segway anytime soon.

Security at the outlet mall here in town has a Segway or two that they use to patrol and I have seen the guy have to dodge the little kids who run over to see it. He is watching out for people, imagine what could happen with somebody who is busy touring the parks and not really paying that close attention to the people around them. Healthy people have been known to tumble off of them and get hurt, what would happen to a disabled person?
 
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