URGENT-Disney Proposed Settlement

[Bob.Kerns]

I have used my Segway in many very dense crowds. For example, I used to commute by ferry, and wait in the crowd crowding around to board the ferry.

Really, the main issue I find I face is to reassure those next to me, who sometimes are nervous, especially in a crowded elevator. I do sometimes wait for another elevator; there's a limit to how much awkwardness I'll deal with, and that kicks in somewhat before any issues of involuntary contact.

When it's crowded, you mostly have to just do what the crowd does.

I do think there are crowd situations which are unsafe. A crowd of drunks, or an angry crowd, or excited. But I really find it hard to conceive of a crowd which would be unsafe for a Segway, but safe for the user of a cane or a wheelchair.

I've never felt unsafe in a crowd, but there are definitely crowds I have avoided, for the above reasons.
---

I didn't find the illustrations so bad. Useful? No. Even the couple that could have been useful weren't used usefully.

The one about the lower counter reminds me of a pet peeve, about painfully low counters, even before using a Segway. And pay phones (remember those?) -- when those got lowered for handicap access (and earlier models of ATM machines as well) -- they became extremely difficult for me to use.

A good universal design recognizes that people come in all sizes and shapes. A phone that puts the switchook between my eye and the keypad, and requires me to push the buttons backhand, with my knuckles, or with my hand twisted around because the keypad is way below my elbow height, is a good example of non-universal design.

I've seen a few store counters with an obviously deliberate effort to provide writing surfaces at different elevations. And I've seen ATM card readers that could only be used reasonably by Little People. (And I've seen ones that could not possibly have been used by Little People, unless maybe unless they were on their Segway). A fixed height and angle are the usual culprit. However thought you could position a keypad and LCD screen at a fixed angle and have it universally usable? You can't.

The old technical guideline documents (which are probably a different type of document with different intent than this) had a lot of useful diagrams, especially around the spacing requirements for wheelchairs.

I went to the bank yesterday to set up an IRA, and I could not get to the person's desk. I made a point of pointing out (politely) that this wasn't ADA compliant -- a Segway needs less space than a wheelchair. It was apparently a temporary condition; they helped me at a different desk -- but this isn't an uncommon situation.

Grocery stores have taken to depositing all kinds of junk they want you to buy in ways that obstruct the checkout lane, making it much harder to get past the cart to unload the groceries. (The degree of obstruction in the aisles is a pain, too, for everyone.)

So, as poor as that diagram is, I think that document is going with me on my next grocery-shopping expedition to Safeway, which has really gone downhill on that. I'll be sure to point out that anything I notice is going to be 10x worse for a wheelchair user.

[JM Wilber]

I use my segway as A EPAMD (Disabled Use)
piease keep me up on all place that won't let the us of segways

[JM Wilber]

was in long beach,ca. yesterday and was asked about being disabled the olny thing i could think to say SEGWAY OR NOWAY and that was the right thing to say

[JM Wilber]

thank you for the poating of this info

[segsurfer]

So does anybody know the current state of affairs regarding Segways and Disney? I know that by this point pretty much all the DOJ regs and ADA stuff has taken effect; has Disney relented at all?

[QuadSquad]

The week of June 29th, our appeal in the Walt Disney/Ault case will be heard before the 11th Circuit Court of Appeals in Jacksonville, Florida.

DRAFT Board member David Ferleger is handling our appeal and can provide additional information to you as it becomes available.

Because, other than DRAFT Board and DRAFT Advisory Board Members and volunteers, very few have shown interest in providing financial support to this cause, we continue to explore opportunities to fund our National Mobility Freedom Initiative.

I cannot over emphasize the importance of this initiative in the continued success of the Segs4Vets program and the future of all Americans for continued independence and a higher quality of life for those with disabilities and aging baby boomers.

This will undoubtedly find its to the Supreme Court.....that costs money folks.

[Bob.Kerns]

Originally Posted by QuadSquad

The week of June 29th, our appeal in the Walt Disney/Ault case will be heard before the 11th Circuit Court of Appeals in Jacksonville, Florida.

DRAFT Board member David Ferleger is handling our appeal and can provide additional information to you as it becomes available.

Because, other than DRAFT Board and DRAFT Advisory Board Members and volunteers, very few have shown interest in providing financial support to this cause, we continue to explore opportunities to fund our National Mobility Freedom Initiative.

I cannot over emphasize the importance of this initiative in the continued success of the Segs4Vets program and the future of all Americans for continued independence and a higher quality of life for those with disabilities and aging baby boomers.

This will undoubtedly find its to the Supreme Court.....that costs money folks.

Where and how can we contribute?

[QuadSquad]

For those wishing to provide financial assistance for DRAFT's National Mobility Freedom Initiative please visit the below link and in the comments section identify your donation as NMFI

https://www.givedirect.org/give/givefrm.asp?CID=11389

You may also mail a check to:

DRAFT/NMFI
500 Fox Ridge Road
St. Louis, MO 63131

[davidferleger]

from David Ferleger, attorney for DRAFT, re Supreme Court paper we filed last week:


Military-Focused Charity Seeks to Overturn Disney Segway Ban
and Transform Civil Rights Class Action Law

U.S. Supreme Court challenge questions secret waiver of rights

Washington, D.C.—In a case which seeks to transform all class action cases, a disability rights organization has asked the Supreme Court to overturn a national settlement which permanently prohibits personal Segway use at all Walt Disney Company parks and hotels and blocks any future law suits. The petition claims the parties to the settlement kept secret a national waiver of all state and local legal rights by all Segway users denying them notice and due process.
Disability Rights Advocates for Technology (DRAFT), a charitable organization which sponsors the Segs4Vets program and was recipient of the Spirit of Hope Award from the Office of the Secretary of Defense, petitioned the Supreme Court to overturn an 11th Circuit Court ruling affirming a settlement reached by the original plaintiffs and the Disney company. That settlement made permanent Disney’s Segway ban on all its U.S. properties, even by disabled people who rely upon the Segway as a primary assistive device. The settlement also prohibits anyone from bringing suit against the Disney Company on the issue in the future.
The U.S. Justice Department, Attorneys General from 23 states, a number of disability organizations and more than 100 individuals, agreed with DRAFT and objected to the settlement at a fairness hearing conducted at the federal court in Orlando, Fla. in 2009.
The court record shows that one of the original plaintiff lawyers felt coerced into the final Disney-proposal on the eve of the deadline, complaining Disney put forward a ``take it or leave it’’ deal … ``with a gun to our heads.’’
According to David Ferleger, DRAFT’s attorney, the case holds major implications for all class action lawsuits.
“If the Supreme Court hears our case, class action lawsuits will be transformed,’’ said Ferleger, a Philadelphia attorneylawyer and longtime litigator for disabilitycivil rights before the Supreme Court and other federal courts.`` Right now, someone who receives a $25 gift certificate in a broken toy class action settlement has a right to notice and to object to the dollar amount. However, a class member in a case involving a multi-million dollar injunction to change a state’s or a company’s policies has no right to notice of a settlement. That’s not right and we seek to change those rules.’’
“It is shocking that in our great country three people can reach a settlement binding millions of others which deniesdenying them protection under the Americans with Disabilities Act. While it was a clever legal maneuver by Disney, it flies in the face of the freedoms our men and women of United States military have fought and sacrificed to preserve” said Jerry Kerr, a founder and president of DRAFT.
The Segs4Vets program has awarded more than 1,000 Segways, a two-wheeled personal transport device, to military service members who were disabled in combat in Iraq and Afghanistan. A disproportionate number of the recipients are amputees who lost one or both legs in IED blasts. Others sustained spinal cord injuries, soft tissue damage and other grievous injuries which limit their ability to walk any distance without severe pain. Recipients say the Segway has changed their lives and given them back mobility and independence.
DRAFT was not party to the original suit but got involved when the original three plaintiffs, disabled people in Florida who are occasional Segway users, agreed to a sweeping settlement which gave them a modest stipend, kept the ban intact and awarded legal fees to the lawyers.
``It is telling that this settlement wasn’t supported by a single person other than Disney and the three plaintiffs. It is grievously unfair to all disabled people who want to utilize technology and the principles of universal design to live better lives, not only those who rely upon the Segway,’’ said Kerr. ``This ban violates the Americans with Disabilities Act. People with mobility disabilities have the right to use the device which best allows them to remain independent. The Disney company is in no position to judge what is best for me or anyone else.’’
Although the Segway was never intended to be an assistive device, it has found an avid and large following in the disabled community because its universal design does not draw attention to the disability and makes it easy to use. Disabled people can stand upright rather than sit in a wheelchair which is better for overall health and blood flow and, more important, users can face others eye to eye.
The appeal focuses on three legal issues. DRAFT makes the case that the original plaintiffs do not represent the wider community of disabled people who rely upon the Segway for everyday use because they only used the Segway sporadically and therefore cannot agree to a settlement for the entire class of disabled people. The appeal states that the broader class of disabled people who use Segways did not receive any notice on the settlement terms which made the ban permanent in all U.S. Disney properties, not just those in Florida, and did not let potential plaintiffs know that any legal action would be prohibited in the future. Expanding the settlement to include Disneyland in California and other properties outside of Florida and the lawsuit ban were added to the settlement at the end of negotiations.
The Disney Company argued against personal Segway use on safety grounds but has never produced any evidence that the device, a battery powered two wheeled personal transporter that uses a gyroscope, is hazardous. Indeed, the Disney Company has used Segways extensively for more than six years. The company sponsors Segway tours available to the general public for an additional fee. For example, a Segway tour at Epcot costs $99 for two hours, and many Disney employees use the Segway in their jobs.
The Disney Company agreed to make available for rental its own version of an upright electronic transporter at its facilities but many disabled people who use Segways cannot use the new Disney machine and DRAFT argues that it is unfair to charge an additional fee to people who would be allowed to bring wheelchairs, for example, into the parks and hotels at no additional expense.
“The device proposed by Disney is little more than the typical electric convenience vehicle found at many stores which they have reconfigured to allow it to be operated in a standing position. It lacks the technology, operating features and the universal design of the Segway. As a result, many disabled people cannot operate it safely or even use it at all. You can putslap all the lipstick on atheir pig you’d like but it is definitely still a pig,” said Kerr, a quadriplegic who after suffering a cervical level spinal cord injury in 1998 uses has used a Segway since its introduction in 2003.
DRAFT is a 501c3 non-profit organization created by disabled people to promote the use of technology and universal design. It is ranked as one of America’s best charities. The Pentagon gave DRAFT a rare blanket waiver seven years ago so active duty service members can accept the gift and some recipients have been able to stay on active duty with the Segway.
To read the brief and learn more go to www.draft.org. David Ferleger (http://www.ferleger.com), DRAFT’s lawyer, and Jerry Kerr are happy to answer questions and engage in interviews.
Contact: Chris Black
[email protected]
Tel: 202 333 3853
Mobile: 202 302 4748

[jgbackes]

When will the court decide whether to hear this case?