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Old 02-05-2009, 10:04 PM   #1
Tarkus
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Default URGENT-Disney Proposed Settlement

We at DRAFT are opposed to this settlement. We will in the very near future be posting forms on the DRAFT website for those who comprise the "class" in this settlement. This information is required from us by the court.

For the record ANYONE who uses a Segway as a mobility device would fall into the "class" and would be unable to bring suit against Disney in the future.

Stay tuned for major information sometime next week. We will need all who use or knows someone who uses a Segway as a mobility device to provide information.

We are approaching the critical part of this case.

DRAFT did not institute this action nor were we parties to the lawsuit, but now that we have been drawn into it we will stand up to fight the fight. Thats all of us that rely on the Segway for our mobility.

Thanks and there will be more info to follow.

Be Big,
AMAC

PS-Please don't ask about the ESV mentioned in the settlement. We have no information on this device, it's safety or if any safety studies have been done on it. We don't know if it even exists.

************************************************** ****************


UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MAHALA AULT, STACIE RHEA and
DAN WALLACE,
Plaintiffs,
-vs- Case No. 6:07-cv-1785-Orl-31KRS
WALT DISNEY WORLD CO.,
Defendant.
______________________________________
ORDER
This matter came before the Court without oral argument upon consideration of the parties’
Joint Supplemental Brief Regarding Notice of Settlement (Doc. 84) and the Court’s January 5, 2009, Order granting preliminary approval to the parties’ settlement (Doc. 83).
While the Court granted preliminary approval to the parties’ settlement on January 5, 2009,
the Court ordered the parties’ to file a file a joint supplemental brief proposing, in detail, the
means by which the best notice practicable could be provided to the class (Doc. 83). Upon review of the parties’ Joint Supplemental Brief Regarding Notice of Settlement, the Court concludes that the parties’ newly proposed method of providing notice to the class satisfies the requirements of FED. R. CIV. P. 23(e)(1).

As previously noted by the Court (Doc. 83 at 12), the Court has prepared its own Notice of
Class Action Settlement and Fairness Hearing (the “Notice”), which is attached to the instant order. Furthermore, the Court has set a date-certain for the fairness hearing of Tuesday, March 31, 2009. The hearing will begin promptly at 9:00 a.m. Case 6:07-cv-01785-GAP-KRS Document 85 Filed 01/21/2009
Page 1 of 2

-2-
Accordingly, it is hereby ORDERED that, by no later than Friday, February 6, 2009,

• Class counsel will send the attached Notice by both standard U.S. mail and email to
the 63 individuals whom counsel have previously identified as having a mobility
disability and expressed an interest in bringing a Segway to the Walt Disney World
Resort or Disneyland Resort;

• Class counsel will send the attached Notice by both standard U.S. mail and email to
Jerry Kerr, President of DRAFT and its Segs4Vets program, with instructions that
the notice be emailed to all of DRAFT’s members, posted on “DRAFT Chat” as
well as on DRAFT’s and Segs4Vets’ web site(s) in a reasonably conspicuous and
accessible area of same;


• Class counsel will send the attached Notice by both standard U.S. mail and email to
the Executive Director of Rehabilitation Engineering and Assistive Technology
Society of North America (“RESNA”), with instructions that the notice be emailed
to all of RESNA’s members; and

• If any additional organizations which could appropriately provide notice to absent
class members are called to the attention of class counsel, counsel will send the
attached Notice by both standard U.S. mail and email to the president or director of
such organization with instructions that the notice be emailed to all of the
organization’s members.

DONE and ORDERED in Chambers, Orlando, Florida on January 21, 2009.
Copies furnished to:
Counsel of Record
Unrepresented Party
Case 6:07-cv-01785-GAP-KRS Document 85 Filed 01/21/2009 Page 2 of 2
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MAHALA AULT, STACIE RHEA and
DAN WALLACE,
Plaintiffs,
-vs- Case No. 6:07-cv-1785-Orl-31KRS
WALT DISNEY WORLD CO.,
Defendant.


______________________________________
NOTICE OF CLASS ACTION
SETTLEMENT AND FAIRNESS HEARING
TO: THOSE INDIVIDUALS WHO: (1) SUFFER FROM A MOBILITY DISABILITY;
(2); RELY UPON A SEGWAY OR SUBSTANTIALLY SIMILAR STAND-UP
MOBILITY DEVICE FOR ASSISTANCE WITH THEIR MOBILITY; AND (3)
INTEND TO VISIT THE WALT DISNEY WORLD OR WALT DISNEYLAND
RESORTS

A hearing on the matters discussed in this notice is scheduled before the United States
District Court, Judge Gregory A. Presnell, United States District Judge in and for the Middle
District of Florida, on Tuesday, March 31, 2009 at 9:00 a.m. in Courtroom #5A, George C.
Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Orlando,
Florida 32801-0120.

This notice is to inform you of a potential settlement of all claims raised in a nationwide
class action captioned Mahala Ault, et. al. v. Walt Disney World Co., Case No.: 06:07-CV-1785-ORL. The Plaintiffs filed this lawsuit against Walt Disney World Co. (“Disney”) in November Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

Page 1 of 5

-2-
Plaintiffs have alleged that Disney illegally prohibits its guests from using Segways in its theme parks. More specifically, Plaintiffs contend that Disney’s prohibition on using Segways in its parks violates Title III of the Americans with Disabilities Act (commonly referred to as the “ADA”). Disney denies the Plaintiffs’ allegations and denies any fault or wrongdoing whatsoever.

The parties have reached a settlement and the Court has granted preliminarily approval to
the settlement pending the above-scheduled hearing. Anyone who meets the following criteria could be affected by the settlement: those who (1) suffer from a mobility disability; (2) rely upon a Segway or substantially similar stand-up mobility device for assistance with their mobility; and (3) intend to visit the Walt Disney World or Disneyland Resorts. The Plaintiffs have not sought, nor are they entitled to, any monetary relief in this case. Because this class action is for injunctive and declaratory relief only, you may not opt-out of this settlement. Therefore, if the Court gives final approval to the settlement after the fairness hearing, you will be forever bound by the terms of the settlement.

Under the terms of the parties’ settlement, Disney has agreed to develop its own four-wheel electrically-powered stand-up vehicle (“ESV”). This unique and innovative device is intended to replicate in dimension, purpose and operation a common wheelchair or motorized scooter while allowing individuals with a mobility disability to stand upright instead of sit down. Disney’s ESVs will be permitted within the Walt Disney World and Disneyland Resorts and will be made available to qualified guests on the same rental terms as sit-down electric vehicles. Disney expects to start making the ESVs available to its guests sometime after April 1, 2009.Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

Page 2 of 5

-3-
Plaintiffs have agreed that Disney’s new ESVs satisfy their claims to the benefits which a
Segway allegedly provides, while meeting Disney’s concerns for the safety of all its guests.
Plaintiffs have also agreed that Disney may continue to prohibit all guests from using two-wheeled vehicles, including Segways, at its resorts. Although Plaintiffs are not entitled to any monetary relief for damages in this case, Disney has agreed to pay the named Plaintiffs the sum of four thousand dollars ($4,000.00), which may be applied toward a one-week stay for a family of four at one of Disney’s hotels at the Walt Disney World Resort. Disney has also agreed to provide the named Plaintiffs complimentary use of its new ESVs during their next visit to the Walt Disney World Resort. As a potential class member receiving this notice, you are not one of the named Plaintiffs in this case. Accordingly, under the terms of the settlement, you will not receive the sum of four thousand dollars ($4,000.00) or the complimentary use of Disney’s new ESVs during your next visit to the Walt Disney World Resort.

The Court and the parties believe that the settlement is fair, reasonable and adequate. If the Court grants final approval to the settlement, you will be barred from ever contesting the fairness, reasonableness or adequacy of the settlement, or from pursuing any claims against Disney related to the use of Segways or other substantially similar two-wheeled vehicles at the Disney Resorts. If you believe that the Court should not approve the settlement, you may object to the settlement by appearing in person, or by hiring a lawyer to appear on your behalf, at the above-scheduled hearing. Within twenty (20) days prior to the hearing, or by no later than Thursday, March 12, 2009, you or your lawyer must mail to the Court and all counsel listed below:

(1) a written notice of your intention to appear; (2) a written statement of your objection which Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

Page 3 of 5

-4-
includes the reasons for your desire to appear and be heard, including any briefs or other
documents that you or your lawyer wish the Court to consider. The Court’s address is Clerk’s Office, United States District Court for the Middle District of Florida, George C. Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Suite 1200, Orlando, Florida 32801-0120. In addition to the Court, the counsel to whom you should mail your written objection are:

John A. Baker and J. Phillip Krajewski
Baker, Baker & Krajewski, LLC
415 South Seventh Street
Springfield, Illinois 62701
Attorney for Plaintiff Dan Wallace
Bernard H. Dempsey, Jr.
Dempsey & Associates, P.A.
1560 Orange Avenue, Suite 200
Winter Park, Florida 32789
Attorney for Plaintiff Mahala Ault
Jason M. Medley
O’Donnell, Ferebee, Medley & Keiser, P.C.
450 Gears Road, 8th Floor
Houston, Texas 77067
Attorney for Plaintiff Stacie Rhea
Kerry Alan Scanlon
Kaye Scholer LLP
901 15th Street, N.W.
Washington, D.C. 2005
Attorney for Defendant Walt Disney World Co.
Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

Page 4 of 5

-5-
Any person who fails to object in the manner outlined above shall be deemed to have
waived their objection and will be barred from ever raising such objection in this action. IF YOU DO NOT OPPOSE THIS SETTLEMENT, YOU DO NOT NEED TO APPEAR AT THE HEARING, YOU DO NOT NEED TO FILE ANYTHING IN WRITING, AND YOU DO NOT NEED TO HIRE A LAWYER.

The pleadings and other records in this case, including a complete copy of the proposed
settlement agreement, may be inspected and copied during regular office hours at the Clerk’s Office, United States District Court for the Middle District of Florida, George C. Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Suite 1200, Orlando, Florida 32801-0120. For a fee, you may also access all records in this case online by utilizing the Public Access to Court Electronic Records (PACER) service at

http://pacer.psc.uscourts.gov.

DONE and ORDERED in Chambers, Orlando, Florida on January 21, 2009.
Copies furnished to:
Counsel of Record
Unrepresented Party
Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009 Page 5 of 5
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Last edited by Tarkus; 02-05-2009 at 10:12 PM..
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Old 02-05-2009, 11:24 PM   #2
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Cute! I wonder if putting in a date is even legal! I don't think that Disney, or anyone else for that matter, can judge what devices will best serve any disabled person. I also find it funny that they are basically paying some people off, so that they'll shut up.

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Old 02-05-2009, 11:29 PM   #3
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Thanks for passing this on, and for taking on this fight.

I think the thing that offends me the most (out of a very long and vehement list) is that to oppose this and opt out of the class, you have to 1) hire a lawyer, or 2) travel to Florida. Thus we are being hit with a major economic barrier to pursuit of our legal rights and options. There is no justification for requiring physical presence to raising objections to the settlement.

How can we support you in this effort?

What about the legislative track?

What are the prospects at the federal regulatory level (ADA)?

Should people consider hiring lawyers, perhaps banding together in small groups and flooding the courtroom with opposition by those who cannot be present? (I'm not casting doubt on your ability to represent us, but rather asking whether physical numbers, immediacy, and willingness to shell out some $$ might have an effect)?
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Old 02-06-2009, 12:05 AM   #4
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Quote:
Originally Posted by Bob.Kerns View Post
Thanks for passing this on, and for taking on this fight.

I think the thing that offends me the most (out of a very long and vehement list) is that to oppose this and opt out of the class, you have to 1) hire a lawyer, or 2) travel to Florida. Thus we are being hit with a major economic barrier to pursuit of our legal rights and options. There is no justification for requiring physical presence to raising objections to the settlement.

How can we support you in this effort?

What about the legislative track?

What are the prospects at the federal regulatory level (ADA)?

Should people consider hiring lawyers, perhaps banding together in small groups and flooding the courtroom with opposition by those who cannot be present? (I'm not casting doubt on your ability to represent us, but rather asking whether physical numbers, immediacy, and willingness to shell out some $$ might have an effect)?
Thanks Bob.

On the legislative track:

In 2008 DRAFT testified before The National Council on Disability
http://www.ncd.gov/

These people report to the Congress, Senate and President and it normally takes many years to get an invitation to testify.

We also presented testimony at the public hearings for the Notice of proposed rule change that the Dept. of Justice held last July.

http://www.ada.gov/NPRM2008/public_h...transcript.htm

This is a "Fun" read and not just about Segways. It does not paint paint a pretty picture of how corporate America sees people with disabilities.

We also spent countless hours on "The Hill" speaking with the Congress and Senate about our cause.

Not to mention the many people we have met in D.C through our Segs4Vets program.


The federal regulatory level (ADA)

With a new Administration we await the results of last Notice of Proposed rule change. Just what happens in Washington. With a little luck things will settle in and we will hear the results.

Just getting the Segway mentioned in that proposal was a feat.


WHAT WE CAN ALL DO TO HELP

I assure you that nobody needs to hire an attorney or come to Florida. But our numbers do matter !

The court has charged Jerry Kerr, Draft President with providing the objections of the "class". We will keep you informed on how to register your objections and any other actions that may be taken. We will provide all info needed to do this VERY soon.

I expect to have more to add next week. The fight is on.

As can be seen from DRAFT's above work at the Federal level we would have preferred a decision there, and that still may be the case.

We believe in 'Education over Litigation" but now that we are in we need your help.

We are in this together and I will keep you all informed.

Thanks again Bob for the questions. We need to be heard.

Be Big,
AMAC
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Old 02-06-2009, 05:14 AM   #5
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ESV = Electric Standing Vehicle. Here is my guess as to what they are trying to get us to use... YUCK!

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Old 02-06-2009, 10:34 AM   #6
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Quote:
Originally Posted by jgbackes View Post
ESV = Electric Standing Vehicle. Here is my guess as to what they are trying to get us to use... YUCK!

Like I said I have know idea what they have in mind.
Thats why we need to hear from everyone. Info to follow.

Be Big,
AMAC
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Old 02-06-2009, 12:49 PM   #7
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I have never heard of any sort of gag order that would prevent any future action unless we get represented now in this action...

What happens to a person who buys a segway next year? That cannot be legally supportable.

I suspect that this will never stand up to appeal, regardless of how this goes, but that may be their plan. If they just make it inconvenient enough, and make enough hurtles to just get to the starting gate, that may be all they need...

We much remember that they have a series of lawyers on retainer all the time, and they know that any individual or group of individuals will not have that much structure and resources behind them...

Perhaps we need to get some groups like the ACLU to wage this battle for us. They claim to stand up for the individual, but I feel they really like to tear down any large capitalistic group like Disney...

I have no respect at all for the ACLU, and have been very careful in my representation of them. I am really trying to keep politics out of this post.

What I am trying to say is that I believe that what I have read seems to have been crafted by some smart lawyers clearly on the side of Disney. We may need to consider that a bigger organization may need to help fight this fight...
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Old 02-06-2009, 01:12 PM   #8
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Default We have been ready for this.

Although we did not institute this action we are more than ready for whats to come. This is not something we were not prepared for, we just chose to work other avenues as for as universal acceptance.

It will not be difficult to object as part of the class. All that will be needed is for people who use the Segway as a mobility aid to fill in some info that will be available at www.DRAFT.org .

We know whats coming and the be frank we were drawn into this because DRAFT/Segs4Vets is recognized as the only organization that is involved with the Segway issue at a National level. We have the info to contact a large portion of Segway users with disabilities. We also have attorney's that are both familiar with the Segway and Civil Rights law.

The biggest problem with useing outside (ACLU) people is that they have little , if any, understanding of the Segway.

DRAFT has worked since the introduction of the Segway towards acceptance as a mobility aid and has achieved huge strides in a short time.

We are more than ready to undertake this battle.

Be Big,
AMAC
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Old 02-06-2009, 11:42 PM   #9
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Keep us posted.
-segsurfer
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Old 02-07-2009, 12:14 AM   #10
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Quote:
Originally Posted by Tarkus View Post
Although we did not institute this action we are more than ready for whats to come. This is not something we were not prepared for, we just chose to work other avenues as for as universal acceptance.

It will not be difficult to object as part of the class. All that will be needed is for people who use the Segway as a mobility aid to fill in some info that will be available at www.DRAFT.org .

We know whats coming and the be frank we were drawn into this because DRAFT/Segs4Vets is recognized as the only organization that is involved with the Segway issue at a National level. We have the info to contact a large portion of Segway users with disabilities. We also have attorney's that are both familiar with the Segway and Civil Rights law.

The biggest problem with useing outside (ACLU) people is that they have little , if any, understanding of the Segway.

DRAFT has worked since the introduction of the Segway towards acceptance as a mobility aid and has achieved huge strides in a short time.

We are more than ready to undertake this battle.

Be Big,
AMAC


I did not mean to be in any way diminutive in my comments. I have a great deal of respect for Draft and Segs-4-Vets, and all that has been accomplished. The principals and others involved in both those endeavors have my unwavering admiration. I have posted such many times, and am proud to do it again...

I was more ranting at what I considered a legal maneuver by the Disney legal team, than how prepared I was guessing the other side is...

So, if anyone who read my words read them to say that I thought that Draft or Segs-4-Vets may not have their ducks in a row, and were well prepared for what ever they may deal with tomorrow or the next day, I am sorry for poorly stating my position. I do not feel that way at all...

I whole heartily and comfortably will take my cues from them, and am happy to help crew on any ship where they have the tiller.

Keep us posted on what we should do, and I for one, will do my best to help.
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