Las Cruces Mall Suit

[[email protected]]

Las Cruces Mall Scene of Protest

Protesters call mall discriminating against disabled shoppers

Saturday, May 26, 2007 - A mall in Las Cruces was the center of a protest by the disabled today. The problem began back in March when Mesilla Valley Mall decided to no longer allow a disabled man to use his motorized unit known as a Segway inside the building.
John Funk has since filed a lawsuit, which is coming to a close. However, the lawsuit will only change things for him and not other disabled people of Las Cruces. Protesters were then urging shoppers to demand the mall change its policy for everyone.
"It only applies to me and doesn't apply to anyone else, and so we have got to make sure that handicapped accessibility is available for all the handicapped," said Funk.
We did try to contact the Mesilla Valley Mall today for a comment on the protest, but because of the holiday no one was available to comment.

Story Created: May 26, 2007 at 6:31 PM MDT


Source:
http://www.ktsm.com/news/local/7703867.html

[[email protected]]

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
Before the Honorable William P. Lynch, United States Magistrate Judge
Clerk’s Minutes
Case: Funk v. Jones Lang LaSalle, Inc. et al.
Case No.: 7cv334 JCH/WPL
Date: May 29, 2007
Clerk: age
Type of Proceeding: Settlement Conference
Attorney For Plaintiffs: George L. Bach, Jr.
Joleen K. Youngers
Attorney For Defendant: Theresa W. Parrish
Proceedings Commenced: 1:15 p.m.
Court in Recess: 4:30 p.m.
Proceedings
The case did not settle.

[jimbo74]

This case is of major importance to those of us with disabilities who find the Segway to be the ideal "assistive device" for our unique mobility issues.

Though I have been successful in removing a ban on all Segway use to now allow handicapped users the enjoyment of our beautiful river pathways (1 year ago) and am now currently working with the parks dept to further refine this process, I was nearly denied access to two County Fairs (California and Idaho) this summer. Both experiences were unpleasant and absolutely tainted the enjoyment of the events as being singled out, detained, and openly confronted in public drains what little energies I have left. I've read my state laws, (enacted 2002) and any Federal laws (such as on DRAFT) which specifically use language pertaining to the Segway, and am still left wondering if the ADA does truly protect my right to use this "assistive device" for my disability.

This one case,,,,,,,,,, should provide what I wish to know, and that is "am I REALLY covered legally as I use my Dr. prescribed (carry the RX with me) mobility aid in public forums?"

It's been 3 months since the last update and I would like to be informed as to the current status of this claim and what can be expected of it.

Jimbo

[Tarkus]

The New Mexico case will continue to play out behind the scenes, as all litigation does. That takes time. Public info can be found at teh site below.

http://www.aclu-nm.org/News_Events/news_events.html

This case will not put to rest the ADA issue, nor will any other single case. When and if the DOJ makes a ruling, only then will we know where the Segway stands.

Even with a positive ruling, after a time for public comment I would assume, it will take time, a lot of it before you see total acceptance. Just the way it is.

The ADA was passed in 1990 and there are still violations under all titles so just because it's law does not mean immediate enforcement. Or any enforcement for that matter.

Thats why it's important to do as you have been doing. Making change in your community and standing up for your rights.

DRAFT was founded as a self advocacy group and I see you have taken the ball and ran with it. There is power in numbers and we need to be seen. Well done and thanks.

Again we all knew what we were getting into when we chose the Segway for this purpose and dramatic change takes time. From what I have been reading here ,at DRAFT and what I have experienced things are far better now than when I started 3 years ago.

The glass is at least half full, not the other way around.

Now for the million dollar question. Is the Segway covered under ADA. I'm sure you have read the pages here on this issue and I will say this.

It is DRAFT's opinion as well as that of many civil rights attorneys that the Segway is covered under ADA, The Rehabilitation Act etal. You can search this forum for my and DRAFTS opinions. No need to repeat it again.

Others have different and often compelling opinions to the contrary.

So there it is, only a decision from the DOJ matters and even if all goes well it will still be a battle.

Wheelchair users are still fighting access issues 15+ years after ADA.

Keep up the fight.

Be Big,
Alan

[GlennO]

So, we all keep our fingers crossed!

When this first came up, I wanted to find out who managed my local mall and I discovered that it was the same one as Las Cruces!

A few years ago, when I first got my i170, I was stopped in my local mall by two mall cops in a golf cart. I got to show it off (It was the first one they had ever seen) and mentioned my disabilities with walking too. After a ten minute demo I realized that one of the mall cops was actually a city cop! They just told me not to hit anybody!
Then last week came around. A mall cop stopped me and told me that I couldn't ride it on the sidewalks. I told him that I couldn't ride it on the street (That is against the law here) - and that I had been riding it here for 3 years now, and nobody has ever complained before.
He pointed to the sign forbidding bicycles, skates...etc. Of course, it didn't mention Segways. Being of slow mind it finally occured to me that he just didn't know that I was disabled. He quickly changed his mind and gave me a go!

I have no idea if he knows what ADA is, but if a disabled person is denied access, I would just take that to mean that they didn't know their brain from their rear end! They just have to understand that your legs sort of work, but you're not quite ready for a wheelchair yet. I hope that my story gives some people hope.

Glenn