Private Segways coming to Disney???

[HauntedGabe]

It appears the Class Action Suit for Disability use of Segways in Disney Parks maybe leaning towards the guests with the US Dept. of Justice becoming involved. Kinks need to be worked out but maybe.

Mouse Planet:…It appears that the class-action lawsuit against Disney over the use of personal Segway mobility devices in the theme parks has gotten even more convoluted. The U.S. Department of Justice (DOJ) has gotten involved and—during the course of the court action—passed revised regulations for the Americans with Disabilities Act (ADA) aimed specifically at the use of Segways in theme parks. These new regulations say that theme parks could pre-qualify Segway users by asking for a letter from a doctor that the device is medically necessary. Of course, asking for such a letter is already against ADA regulations. DOJ did not resolve that contradiction. Stay tuned for what promises to be an extended battle. For much more detail, check out the story on the DISunplugged blog (link).

[20K]

Segways over ECVs?

[HauntedGabe]

As a option. ECV's can be brought into Parks privately or rented. Guests that use and own Segways for their Disabilities filed a suit over Segways being banned for Disabled use in theme parks.

A few of the reasons being brought up by the guests using Segways for that purpose has been. Sight-line, see more standing up. Some back injuries make it difficult to remain seated. Over the last few years Segways have been provided to Disable Veterans that experienced specific injuries. Ease of being transported over a ECV.

[20K]

Interesting

[JNota0005DakMC]

that does sound interesting... imagine that...

[Disney05]

This is gonna get interesting.

[joanna71985]

Oh gosh, I hope not. This is a disaster waiting to happen

[HauntedGabe]

See I don't agree. There are no restrictions of how fast an electric wheel chair can go. None on the private ECV's. You have better depth perception. You can see the heels of people before you run into them in a cart.

The wheels are low weight bearing. So if a foot gets run over it will not break a foot like the ECV's will, which is what happened in 2010 to a CM in DHS.

I think it is a lot of whoop la. Universal Studios and the San Diego zoo have successfully had guests with disabilities with Segways for the disabled. If Disney genuinely believed they were dangerous their staff and guests would not be tootling around on them in the parks, for a fee. The disabled people who own them would likely be able to control them as well as an electric wheelchair or ECV's that take a greater foot print.

Segways are also becoming an assistance to Little People who at time have problems walking distances and have difficulties operating carts meant for average sized people.

[20K]

I have to agree with Gabe, so long as they are used only by the truly disabled.

[doconeill]

Having been reading discussions about this from people far more qualified than I on the matter, from what I've been gathering the Segway may actually NOT fall under the requirements of the revised ADA regs, at least at the current time. It appears to fall under "Other mobility devices", which get a "may be allowed", not a "must". What the most recent ruling seems to say is that Disney cannot refuse Segways just on the belief that they are not "necessary" devices, which was one (of several) of their previous arguments against them. The DOJ did at least say that WDW did have the right to refuse them if there were legitimate safety concerns, but they would need to be defined and evaluated.

Several judges have also rendered decisions counter to the DOJ's interpretation as well, although as far as I know they are all under appeal.

I'm pretty sure that Disney has already raised the safety concern about the "failure mode" of a Segway, similar to that involving the 4-to-2-wheel convertible chair units like the iBOT. That is, when operated in two-wheel "balanced" mode (which the Segway is always in, except when the kickstand is down), a power failure would result in an unsafe situation for the occupant and those surrounding it. There was a separate suit by a guy who was fighting Disney about his being able to use his iBOT (or whatever model), which Disney disallowed. I believe it ended with Disney allowing it but he could not take it out of 4-wheel mode.

I don't have an interest either way...just reporting what I know.

I'll note that Disney may claim that Segways operating around standing guests is a safety concern, but yet they operate tours during operating hours with people who only learned how to use them that morning...

As for making sure that only those who need it can use it...doesn't Florida disability law prevent Disney for asking for proof of any disability?

[20K]

Quite possibly. I'm not a Floridian, so I do not know.

[HauntedGabe]

Having been reading discussions about this from people far more qualified than I on the matter, from what I've been gathering the Segway may actually NOT fall under the requirements of the revised ADA regs, at least at the current time. It appears to fall under "Other mobility devices", which get a "may be allowed", not a "must". What the most recent ruling seems to say is that Disney cannot refuse Segways just on the belief that they are not "necessary" devices, which was one (of several) of their previous arguments against them. The DOJ did at least say that WDW did have the right to refuse them if there were legitimate safety concerns, but they would need to be defined and evaluated.

Several judges have also rendered decisions counter to the DOJ's interpretation as well, although as far as I know they are all under appeal.

I'm pretty sure that Disney has already raised the safety concern about the "failure mode" of a Segway, similar to that involving the 4-to-2-wheel convertible chair units like the iBOT. That is, when operated in two-wheel "balanced" mode (which the Segway is always in, except when the kickstand is down), a power failure would result in an unsafe situation for the occupant and those surrounding it. There was a separate suit by a guy who was fighting Disney about his being able to use his iBOT (or whatever model), which Disney disallowed. I believe it ended with Disney allowing it but he could not take it out of 4-wheel mode.

I don't have an interest either way...just reporting what I know.

I'll note that Disney may claim that Segways operating around standing guests is a safety concern, but yet they operate tours during operating hours with people who only learned how to use them that morning...

As for making sure that only those who need it can use it...doesn't Florida disability law prevent Disney for asking for proof of any disability?

I had read these agruments before, it has moved beyond this now. It is indeed an ADA Device now. I don't think everyone is following the latest developments and are throwing in original suits and classifications. It is going to be interesting. Waiting for the PR of Disabled Veterans arriving at WDW on Segways and Disney says rent a $45.00 cart.

US Classifies Segway PT as a mobility device under ADA

November 18, 2010 at 10:10 am

In September 2010 the US Federal government specifically classified the Segway Personal Transporter (PT) as a mobility device under the Americans with Disabilities Act (ADA). This new rule accommodates “…the growing use of the Segway® PT as a mobility device by returning veterans and others who are using the Segway® PT as their mobility aid of choice.”The Federal regulations of the ADA were last updated prior to the invention of the PT, and certain sections therein gave rise to some uncertainty if a disabled person using a PT had the same rights as a disabled person using a wheelchair. The new rules under the ADA make it clear that disabled persons in wheelchairs, power chairs, mobility scooters and Segway PTs are legally entitled anywhere a pedestrian is allowed, and that premises must make reasonable provision for such access.

[HauntedGabe]

Quite possibly. I'm not a Floridian, so I do not know.

Federal Laws do not allow anyone to ask for proof of a disability, so it isn't just Florida.

Some go to WDW with proof for special passes for more severe disabilities and some go with proof for service animals. Guests offer info, WDW does not ask.

[doconeill]

I had read these agruments before, it has moved beyond this now. It is indeed an ADA Device now. I don't think everyone is following the latest developments and are throwing in original suits and classifications. It is going to be interesting. Waiting for the PR of Disabled Veterans arriving at WDW on Segways and Disney says rent a $45.00 cart.

US Classifies Segway PT as a mobility device under ADA

November 18, 2010 at 10:10 am

In September 2010 the US Federal government specifically classified the Segway Personal Transporter (PT) as a mobility device under the Americans with Disabilities Act (ADA). This new rule accommodates “…the growing use of the Segway® PT as a mobility device by returning veterans and others who are using the Segway® PT as their mobility aid of choice.”The Federal regulations of the ADA were last updated prior to the invention of the PT, and certain sections therein gave rise to some uncertainty if a disabled person using a PT had the same rights as a disabled person using a wheelchair. The new rules under the ADA make it clear that disabled persons in wheelchairs, power chairs, mobility scooters and Segway PTs are legally entitled anywhere a pedestrian is allowed, and that premises must make reasonable provision for such access.

Not sure where you got that quote from, but I know back then this was NOT the interpretation of the updated ADA rules at least as seen by Disney. As I said, they were classified under an "other" category, which did NOT require private companies like Disney to accommodate them. The only difference now is that the DOJ has rendered its own opinion, which differs from case law verdicts rendered so far, and even then there appears to be different interpretations of what the DOJ has said. This is still far from over.

[NC_WDW_Daddy]

With only a few segways in the parks, compard to the number of guests, it should be no different than the ECVs if the segways can negotiate crowds like the ECVs. I have never seen the segways negotiate those kind of crowds.