Judge Tosses Out Lawsuit Over Segways Use In Walt Disney World

Posted by Joel
February 21, 2008

A federal judge threw out the lawsuit that was attempting to force Walt Disney World to allow disabled guests to ride Segways in the parks. U.S. District Judge Gregory A. Presnell dismissed the case after he agreed with Walt Disney World that none of the guests suing the park had any intention to visit the resort in the near future.

The three plaintiffs sued in November saying that Disney violated the Americans with Disabilities Act by not allowing them to use Segways in the park. They had been looking for a class-action lawsuit. Disney’s concern was about allowing Segways in the park with no practical way to determine if a user is adequately trained to use them.

“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.”

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Reader Comments

Comment Number:: 1
Written by:: Jonas
Posted on:: February 21, 2008 at 11:26 am

I read the decision. It looks like the case was dismissed without prejudice, meaning that the plaintiffs have some time to refile the complaint and try to correct its deficiencies.

So it looks like all the plaintiffs have to do here is refile the case and just affirm that they plan to visit the park in the future. Then we’ll be back to where we all started.

Comment Number:: 2
Written by:: dancetaxix2
Posted on:: February 21, 2008 at 1:13 pm

Without prejudice yes but he threw it out. It will take a bit more work to get this one back in court. Unless they move it up the chain. I still think it is a BAD IDEA!

Comment Number:: 3
Written by:: DisneyGeek92
Posted on:: February 21, 2008 at 1:19 pm

Doesn’t the Citizens with Disabilities act say that you don’t have to present proof that you in fact have a disability? So in theory I could bring my segway into the parks claim I have a disability and ride my segway around all day.

Comment Number:: 4
Written by:: Jonas
Posted on:: February 21, 2008 at 1:31 pm

dancetaxix2 – it’s really not going to be that hard for the plaintiffs to refile the case. The court gave the plaintiffs 10 days to do so and more or less told them just to include in their amended complaint an allegation that they planned to visit disney in the near future.

The cycle will then start up again. Disney will then make a motion to dismiss based on other grounds. If that doesn’t work, they’ll make a summary judgment motion after discovery to dismiss the case. Disney has a very strong case here in my humble opinion. My prediction is that the case will be refiled and then dismissed with prejudice later on. we’ll see

Comment Number:: 5
Written by:: thanku4playing
Posted on:: February 21, 2008 at 2:19 pm

Disney allows wheel chairs and powered chairs. If you can stand on a segway, you are not disabled. Segways are dangerous to everyone else. It is like saying your disability requires you to drive a motorcyle in the park.

Comment Number:: 6
Written by:: DisneyGeek92
Posted on:: February 21, 2008 at 2:35 pm

Please let’s not start this again.

Comment Number:: 7
Written by:: dancetaxix2
Posted on:: February 21, 2008 at 7:02 pm

Yes Disneygeek you are correct this has been argued in another thread. I believe that our points were made. And it was a well debated subject.

Comment Number:: 8
Written by:: Disney Settles Segway Suit | NETCOT.com
Posted on:: December 8, 2008 at 7:40 pm

[...] last development in the case was that the judge dismissed the suit because none of the plantiffs planned to visit the resort in the near [...]

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