Disney Wins Dismissal Of Segways Lawsuit And Settlement
The Walt Disney Company has won the dismissal of the Segway lawsuit and had the original settlement voided according to Bloomberg.com. In 2007, two Illinois residents and one from Iowa sued the Walt Disney Company because the park refused them from using their Segways in the park. Disney had agreed to settle the case by purchasing 15 stand-up vehicles to settle the case.
U.S. District Judge Gregory Presnell in Orlando, Florida voided the decision saying that the guests are able to use wheelchairs or scooters and failed to show that the Segways were needed to access the resorts. “Although some individuals may, with good reason, not want to use those devices and instead prefer to use a Segway, that preference — standing alone — is not essential to accessing Disney’s Parks,” Presnell wrote in the opinion.
FEDERAL COURT TOSSES OUT DISNEY SETTLEMENT
Judge Opens Door to a Remedy for Disabled
Disability Rights Advocates Vow to Pursue Open Policy for Segways
Contact: Chris Black
Tel: 202 333 3853
Mobile: 202 302 4748
christine_black@msn.com
ORLANDO, FL. – In a striking victory for the disabled, a federal District Court judge tossed out a
proposed settlement which would have banned personal Segway use forever in all Disney properties in
the United States.
“This is a victory for disability rights and we are heartened by the court’s findings,” said Jerry Kerr,
President of Disability Rights Advocates for Technology (www.draft.org), the non‐profit organization
which organized opposition to the proposed ban. “But Disney’s policy on Segways still stands. We call
on the Walt Disney Company to voluntarily change its policy and recognize the rights of disabled people
to use the assistive device which best meets their needs.”
US District Judge Gregory A. Presnell tossed out the proposed settlement after four months of
deliberation after holding a two‐day fairness hearing on the proposed ban last June. DRAFT members
and disabled war veterans were among those who testified against the settlement. In addition, the civil
rights division of the U.S. Justice Department and 23 state Attorneys General filed friend of the court
briefs objecting to the settlement.
DRAFT did not bring the original law suit against the Walt Disney Company. DRAFT got involved when
the original three plaintiffs agreed to a settlement which would have banned all personal Segway use in
perpetuity in all Disney properties. Disney uses Segways for its own employees and for paid Segway
tours for park visitors but banned the use of private Segways ostensibly for safety reasons.
The Segway has found a loyal following among many disabled people. DRAFT has presented more than
350 Segways to military service members who suffered disabling injuries in Iraq and Afghanistan in the
last three years. One of those recipients, Major Daniel Gade, a former member of the White House
domestic policy staff who lost a leg in combat, testified at the fairness hearing.
Judge Presnell said the section of the federal Americans with Disabilities Act cited by the original
plaintiffs was not sufficiently broad enough to expressly allow Segways but in his opinion he recognized
that the important psychological advantages of a disabled person using a Segway which allows a user to
stand upright instead of a wheelchair.
“This case is not about necessary accommodation,” said the ruling. ” The real question, it seems, is the
extent to which the ADA can (or should) promote equal treatment and human dignity by requiring
acceptance of new technologies. As Major Gade and others testified, the Segway is quickly changing the
way disabled Americans are perceived and treated in our society. The importance of this interest simply
cannot be overlooked.”
Judge Presnell left open the possibility that another law suit or action by another branch of government
might be sufficient to overturn the Disney ban. The Justice Department is working on regulations which
are expected to classify the Segway as a legitimate assistive device when used by the disabled to
improve their mobility.
David Ferleger, lead counsel for DRAFT and a legal advocate for the disabled for more than 35 years, said
the original lawsuit contained fatal flaws which could be addressed in another legal action.
“It is gratifying to see the court recognize the tremendous importance of technology to people with
disabilities and to recognize that federal law specifically protects the dignity of disabled people,” said
Ferleger.
David Ferlenger, the ADA counsel, can be reached at: Office 215 887 0123
Mobile: 215 498 1777