Quote:
Originally Posted by KSagal
RickB, I see your point, but I do not entirely agree.
First off, we have no idea if they contacted segway at all. To presume the company that said the were banned for being unstable was telling the whole truth about a call to Segway Inc, is naive at best.
Companies make up facts to support their decisions all the time. It is immaterial.
Also, why would Segway say such a thing? We can presume to reduce liability, but saying what was claimed does not sound right.
In truth, segways may not have been designed for the disabled nor for marine use, but it is immaterial.
The ADA does not say that only devices designed for the disabled are covered. As a matter of fact, it actually mentions the Segway as part of its description of EPAMDs and 'other devices'...
I think the ADA claim is best. But the financial pressure is a real world factor as well. Fear of both (and ADA discrimination lawsuit) may be the best path.
Any way, I would request the documentation for their claims and policy. The law is clear that they have to have proof of instability to justify their policy, and cannot just presume they are unstable.
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I am not certain whether or not the ADA applies to cruise ships, merely because they dock occasionally in US ports. It's a question worth pursuing, but it's not clear to me it's a slam dunk. We start to veer from US law, to maritime and international law.
I don't mean that to discourage anyone from trying to pursue it!
Also, the fact that their competitors DO allow it should give them a bit of pause about the reasonableness of their position. It probably won't, but it should.