davidferleger
03-30-2009, 01:26 PM
Greetings,
I just joined this group and am thrilled to be here.
I am co-counsel in a case which is challenging a proposed settlement between Walt Disney World and private plaintiffs in which, for the class of ALL Segway users with disabilties (and thus in effect for everyone), all Segway use at Disney resorts would be banned. A March 31 hearing was just postponed to a date to be set by the Court.
I look forward to learning more here.
David Ferleger
david@ferleger.com
from the press release:
ORLANDO, FL – In a case expected set a national precedent under the Americans with Disabilities Act, the disability rights organization responsible for donating more than 250 Segways to military service members injured in Iraq and Afghanistan is vigorously opposing a proposed legal settlement which would permanently ban the use of personal Segways nation-wide in all Walt Disney theme parks.
With the vigorous input of a friend of the court brief filed by the Obama Administration’s Department of Justice, and in the presence of many objectors in court with their Segways, the Federal Court in Miami, Florida will hold a hearing on March 31, 2008 to consider whether to accept controversial agreement reached between Disney and several individuals which would totally ban Segways from all Walt Disney parks.
Members of Disability Rights Advocates for Technology (DRAFT), a private non-profit disability rights organization ranked as one of America‘s top charities, denounced the proposed class action settlement as ``unfair, inadequate and unreasonable’’ in a brief filed with the United States District Court Middle District of Florida Orlando Division this month. The Civil Rights Division of the US Department of Justice has also filed an amicus brief in a rare objection strongly opposing the proposed settlement as ``fundamentally unfair” to people with disabilities.
``Banning Segway use by the disabled at Disney theme parks violates the Americans with Disability Act,’’ said Jerry Kerr, president of DRAFT. ``Disabled people are entitled to use whatever assistive device works for them to stay independent. As disabled people who use Segways, we are deeply offended by this perverse proposal.’’
Prepared by a national team of lawyers specializing in disability law, the legal brief filed by the organization says that the proposed settlement benefits Walt Disney Co. rather than people with disabilities and is at odds with other legal decisions and with pending federal regulations. Although Disney claims it opposes Segway use as a safety issue, Segways have been routinely used by Disney employees in its theme parks for more than four years and several of the parks offer Segway tours to patrons for a fee.
I just joined this group and am thrilled to be here.
I am co-counsel in a case which is challenging a proposed settlement between Walt Disney World and private plaintiffs in which, for the class of ALL Segway users with disabilties (and thus in effect for everyone), all Segway use at Disney resorts would be banned. A March 31 hearing was just postponed to a date to be set by the Court.
I look forward to learning more here.
David Ferleger
david@ferleger.com
from the press release:
ORLANDO, FL – In a case expected set a national precedent under the Americans with Disabilities Act, the disability rights organization responsible for donating more than 250 Segways to military service members injured in Iraq and Afghanistan is vigorously opposing a proposed legal settlement which would permanently ban the use of personal Segways nation-wide in all Walt Disney theme parks.
With the vigorous input of a friend of the court brief filed by the Obama Administration’s Department of Justice, and in the presence of many objectors in court with their Segways, the Federal Court in Miami, Florida will hold a hearing on March 31, 2008 to consider whether to accept controversial agreement reached between Disney and several individuals which would totally ban Segways from all Walt Disney parks.
Members of Disability Rights Advocates for Technology (DRAFT), a private non-profit disability rights organization ranked as one of America‘s top charities, denounced the proposed class action settlement as ``unfair, inadequate and unreasonable’’ in a brief filed with the United States District Court Middle District of Florida Orlando Division this month. The Civil Rights Division of the US Department of Justice has also filed an amicus brief in a rare objection strongly opposing the proposed settlement as ``fundamentally unfair” to people with disabilities.
``Banning Segway use by the disabled at Disney theme parks violates the Americans with Disability Act,’’ said Jerry Kerr, president of DRAFT. ``Disabled people are entitled to use whatever assistive device works for them to stay independent. As disabled people who use Segways, we are deeply offended by this perverse proposal.’’
Prepared by a national team of lawyers specializing in disability law, the legal brief filed by the organization says that the proposed settlement benefits Walt Disney Co. rather than people with disabilities and is at odds with other legal decisions and with pending federal regulations. Although Disney claims it opposes Segway use as a safety issue, Segways have been routinely used by Disney employees in its theme parks for more than four years and several of the parks offer Segway tours to patrons for a fee.