SegwayChat - ADA now covers the use of Segways

Quote:

Originally Posted by IcanGlide (Post 208015)

That is FANTASTIC!!! Thanks DRAFT for all the work you did on this.

Frank

I'll second that motion! None of us could have accomplished this alone or without leadership.

http://www.ada.gov/regs2010/factshee...factsheet.html
http://www.ada.gov/regs2010/ADAregs2010.htm
http://www.ada.gov/regs2010/titleII_2010/reg2_2010.html

I think the fact that wheelchairs and other mobility devices have been assured pedestrian access is an enormous victory. (Of course many state EPAMD laws already classify Segway users under pedestrian law, but it is not always taken seriously by authorities if they are even aware of such a thing.)

I think the two tier classification was necessary as new technology develops new possibilities and until those new devices have been accepted as viable wheelchair alternatives. (As Segway users we have the time and use advantage there.)

I think it was also was necessary in order to be fair both to businesses and the disabled. To take an extreme example, suppose someone is using a tractor to get around his farm and then decides to use it as his mobility device in a city park. Being required to allow that would be carrying pedestrian access beyond the reasonable.

I believe that allowing authorities to ask for a disability ID for those who use other mobility devices is also a fair and necessary step especially when, like the Segway, those devices can also be used for recreational or other purposes. I'm glad they added the personal observation option for those who do not have such ID--or don't have it with them. If your disability is not a visible one, however, carry that ID in your bag!

But let's do a reality check. I think it is critical for us as the disabled to be aware that the rules do NOT say that they can require this ID in order to get that pedestrian access, but, as I read it, only that they can ask for it if they wish to question our eligibility to claim that we are using something as a mobility device. I feel pretty certain that this will become an issue at some point with some authority who wants to regulate the use of other mobility devices.....

I also feel certain that this other mobility device classification is going to open a whole can of worms because the paragraphs added do not clearly specify that they can't impose as much regulation ( permits, a la the Missouri Department of Conservation or registration and waivers, a la Simon Malls) or anything else to make that mandated access as difficult as possible. Such entities have been ignoring the equal access and nondiscrimination requirements up to this point and I doubt if this will deter them in the future.

As big a victory as this is, I don't think the battle is over and the need for education has simply increased... We all bear the responsibility at that point.

I'm sorry to add a note of gloom to the celebration. I've been battling the MO Department of Conservation for a year and a half on this with still no satisfactory resolution. The Interior Department when they investigated my complaint that I had been denied physical access, held that the MDC permit system was a reasonable solution. I have also filed a new ADA complaint based on the unreasonable provisions of the new revised permit policy the MDC put in place immediately after that decision, but who know what will happen with that when the new rules go into effect. I do know that I will NOT accept the MO Human Rights Commission as a mediating body! but that is another story....

I finally decided to work within the new MDC rules that require any disabled person to get a separate permit to use a Segway at any MDC property. I have requested special use permits for (evil grin) all 800+ of their properties. (They made the rule. I am just doing what it requires.) The required 30 day waiting period has passed--and I have no permits. I did get an indication that they might grant a permit just for those sites that are officially designated Disabled Accessible, but these new rules on pedestrian access will give me ammunition there.

I've offered a compromise but their response to that too will probably drag on until the new year. At least they are now on notice that they will have to adjust to new regulations... Since they have already offered me a permit that didn't restrict the use of a Segway beyond normal safety and courtesy that would be expected of any wheelchair user, they can't use the excuse that its use is not feasible or safe or is disruptive.

We shall see what we shall see.... Lord, grant me patience--right now!

Lily