Las Cruces Mall Suit - Page 2

pam · 04-13-2007, 04:56 PM

I got it changed on my post, let me see where it is on the Thread.
Thanks, Steve.
Pam

[email protected] · 04-13-2007, 05:06 PM

Someone asked in some thread in some forum if anybody in Segway Chat has contacted Mr. Funk.

Not I - but I'm going to try to get to Albuquerque on May 1, to observe what happens in the courtroom.

I've also been told (but can't verify) that perhaps a veteran will show up to assist by testifying.

It would be extremely nice if the veteran happens to be Sergeant Joey Banegas from Las Cruces, who was given a Segway by Segs4Vets last month.

http://www.draft.org/draft3/Portals/...negas%20sm.pdf

Suzined · 04-13-2007, 05:27 PM

We seem to have several threads going on the same subject. So, not seeing my beautiful Skyraider on this thread, let me add:

The Mall may be afraid to let Segways in because if there is an unfortunate incident, they could get sued for permitting Segway use. But, if they discriminate against Segways and are ordered by a court (a consent decree won't work) to permit Segways, they can at least argue "The Court told me to turn these highly dangerous machines and their criminally negligent gliders loose on an innocent, unprotected public." The issue seems to boil down to transferring the risk of liability from the Mall to the glider by order of a court.

And yes, Westfield Mall with corporate office in California, is a major anti-Segway corporation. I shop at Nordstrom's, Sears', Macy's, and Penney's, all located in a Westfield Mall but I enter and exit through those name stores. Tough, but Starbuck's has no separate, and therefore Segway friendly, entrance.

Tarkus · 04-13-2007, 05:39 PM

Quote:

Originally Posted by [email protected]

Someone asked in some thread in some forum if anybody in Segway Chat has contacted Mr. Funk.

Not I - but I'm going to try to get to Albuquerque on May 1, to observe what happens in the courtroom.

I've also been told (but can't verify) that perhaps a veteran will show up to assist by testifying.

It would be extremely nice if the veteran happens to be Sergeant Joey Banegas from Las Cruces, who was given a Segway by Segs4Vets last month.

http://www.draft.org/draft3/Portals/...negas%20sm.pdf

Again, I'm sure that the ACLU will use all available sources in their case, and they know where to find the most information and people who know about persons with disabilities and the Segway.

Be Big,
Alan

[email protected] · 05-01-2007, 08:54 PM

showed up at the NM (Federal) District Court this afternoon to observe the scheduled hearing. It turned out that the hearing had been "vacated" (whatever that means).

I was directed to the records room, where I found that there is a Stipulated Preliminary Injunction, filed April 27, and a Mandatory Settlement Conference scheduled for Las Cruces on May 29th.

Because of the way court documents are made available, I only have these two, 2-page documents in image form, and I can't figure out how to upload them in a form that will be readable on this forum. If somebody can tell me how to do that, I'll be happier.

[email protected] · 05-01-2007, 08:56 PM

Here's the order for the Settlement Conference:

Tarkus · 05-01-2007, 09:55 PM

Vacate-To put aside.

Link to the posted TSO:

http://www.aclu-nm.org/PDF/StipulatedTRO.pdf

The order of settlement should be posted on the NM ACLU site soon.

Be Big,
Alan

polo_pro · 05-02-2007, 12:03 AM

Quote:

Originally Posted by [email protected]

showed up at the NM (Federal) District Court this afternoon to observe the scheduled hearing. It turned out that the hearing had been "vacated" (whatever that means).

I was directed to the records room, where I found that there is a Stipulated Preliminary Injunction, filed April 27, and a Mandatory Settlement Conference scheduled for Las Cruces on May 29th.

Because of the way court documents are made available, I only have these two, 2-page documents.

Nice job...thanks for making the effort and taking the time to get these...rep points for you!

Suzined · 05-02-2007, 12:10 AM

The temporary injunction looks very favorable for disabled Segway use in the mall chain. Note that it clearly transfers legal liability to the glider. This will satisfy any defense attorney and I would venture the defense attorney will even recommend the same wording in a consent decree. Now, whether a consent decree will immunize the mall against all comers, I don't know. To repeat, as an interim position it is quite favorable to disabled Segway use.

Tarkus · 05-02-2007, 05:14 PM

http://www.aclu-nm.org/News_Events/news_5_2_07.html

All Related Docs can be found on the bottom left of page.

Be Big,
Alan

04-13-2007, 05:27 PM	#13
Suzined Member Join Date: Sep 2006 Location: At the corner of Columbia and Pacific Posts: 448	Wandering threads We seem to have several threads going on the same subject. So, not seeing my beautiful Skyraider on this thread, let me add: The Mall may be afraid to let Segways in because if there is an unfortunate incident, they could get sued for permitting Segway use. But, if they discriminate against Segways and are ordered by a court (a consent decree won't work) to permit Segways, they can at least argue "The Court told me to turn these highly dangerous machines and their criminally negligent gliders loose on an innocent, unprotected public." The issue seems to boil down to transferring the risk of liability from the Mall to the glider by order of a court. And yes, Westfield Mall with corporate office in California, is a major anti-Segway corporation. I shop at Nordstrom's, Sears', Macy's, and Penney's, all located in a Westfield Mall but I enter and exit through those name stores. Tough, but Starbuck's has no separate, and therefore Segway friendly, entrance. __________________ Suzined Ilwaco, Washington

05-01-2007, 08:54 PM	#15
[email protected] Senior Member Join Date: Dec 2005 Location: Lee's Summit, MO, USA Posts: 1,217	Update May 1, Part 1 showed up at the NM (Federal) District Court this afternoon to observe the scheduled hearing. It turned out that the hearing had been "vacated" (whatever that means). I was directed to the records room, where I found that there is a Stipulated Preliminary Injunction, filed April 27, and a Mandatory Settlement Conference scheduled for Las Cruces on May 29th. Because of the way court documents are made available, I only have these two, 2-page documents in image form, and I can't figure out how to upload them in a form that will be readable on this forum. If somebody can tell me how to do that, I'll be happier.

05-01-2007, 08:56 PM	#16
[email protected] Senior Member Join Date: Dec 2005 Location: Lee's Summit, MO, USA Posts: 1,217	Las Cruces Order Setting Settlement Conference Here's the order for the Settlement Conference:

05-01-2007, 09:55 PM	#17
Tarkus Senior Member Join Date: Jun 2005 Location: Ponte Vedra Beach, FL/ Mantoloking NJ Posts: 2,081	Vacate-To put aside. Link to the posted TSO: http://www.aclu-nm.org/PDF/StipulatedTRO.pdf The order of settlement should be posted on the NM ACLU site soon. Be Big, Alan __________________ *************************************** Messages from Alan Maccini and are produced utilizing voice recognition software. We apologize for any errors . To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts.

05-02-2007, 12:10 AM	#19
Suzined Member Join Date: Sep 2006 Location: At the corner of Columbia and Pacific Posts: 448	Hoorah! The temporary injunction looks very favorable for disabled Segway use in the mall chain. Note that it clearly transfers legal liability to the glider. This will satisfy any defense attorney and I would venture the defense attorney will even recommend the same wording in a consent decree. Now, whether a consent decree will immunize the mall against all comers, I don't know. To repeat, as an interim position it is quite favorable to disabled Segway use. __________________ Suzined Ilwaco, Washington

04-13-2007, 04:56 PM	#11
pam Last of the Early 30 Join Date: Dec 2002 Location: Yelm, WA Posts: 4,679	I got it changed on my post, let me see where it is on the Thread. Thanks, Steve. Pam

04-13-2007, 05:06 PM	#12
[email protected] Senior Member Join Date: Dec 2005 Location: Lee's Summit, MO, USA Posts: 1,217	Someone asked in some thread in some forum if anybody in Segway Chat has contacted Mr. Funk. Not I - but I'm going to try to get to Albuquerque on May 1, to observe what happens in the courtroom. I've also been told (but can't verify) that perhaps a veteran will show up to assist by testifying. It would be extremely nice if the veteran happens to be Sergeant Joey Banegas from Las Cruces, who was given a Segway by Segs4Vets last month. http://www.draft.org/draft3/Portals/...negas%20sm.pdf

05-02-2007, 05:14 PM	#20
Tarkus Senior Member Join Date: Jun 2005 Location: Ponte Vedra Beach, FL/ Mantoloking NJ Posts: 2,081	NM ACLU Update http://www.aclu-nm.org/News_Events/news_5_2_07.html All Related Docs can be found on the bottom left of page. Be Big, Alan __________________ *************************************** Messages from Alan Maccini and are produced utilizing voice recognition software. We apologize for any errors . To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts.

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