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Special Needs, Mobility and Disabled Use Information and discussion for those with special needs interested in the Segway.

Old 12-10-2010, 09:28 AM   #1
Lily Kerns
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Default DOI and disabled Segway users

OK, I have just heard from the Department of Interior. According to their decision, it is legal for a state agency to do the following under Title II of the ADA:
NOTE: Comments in parentheses are mine.

Require disabled Segway users to get a permit before using their property. (Nowhere in the MDC rules are handicapped facilities excluded from this requirement.)
Require a separate permit for each property within the state.
Require that a new permit (for each site) be applied for each year.
Require a doctor’s prescription to be included with each permit application—Segway specific, stating whether the disability is permanent or temporary and stating the length of time the disability is expected to last.
Require a new doctor’s prescription each year (even for permanent disability.)
Place the following restrictions (statements are slightly condensed) under the permit:
Maximum speed of 3 mph
Yield to pedestrian traffic
Follow manufacturer’s safety recommendations
Remain in control at all times
May not shoot from an EPAMD if it is used as transportation to a hunting blind
The EPAMD Special Use Permit must be carried
Universal mobility placard must be prominently displayed
Must not allow anyone else to use the EPAMD
Must comply with all MDC rules
Must comply with all restrictions etc. in the permit, (e.g. for certain sites, the permit is not valid during hunting seasons, although no one else is excluded from using the property at those times. Obviously they can add any restrictions they choose...)
The ruling also ignores the state agency’s definition of an EPAMD:

“An electric personal assistive mobility device (EPAMD) is defined as a device with an electric propulsion system designed to transport only one person and which has a maximum speed on a paved level surface of less than 20 mph. Examples of EPAMDs include three- and four- wheel devices often called motorized scooters (a common brand name is Hoveround) and two wheeled devices, often called Segway. EPAMDs are used for recreation and by the mobility impaired.” (italics added)

So much for non-discrimination! It will be interesting to see if the new ADA rules change any of this on either state agency or DOI level….

In fairness, I do have to add that some changes have been accomplished on the Missouri state level. The disabled Segway user no longer has to have a permit to access ANY MDC property, including MDC offices. An EPAMD user no longer has to apply for a permit 30 days in advance. The MDC is now in partial compliance with state EPAMD law and anyone is now allowed to use a Segway on their roads and parking lots. However to go beyond that, you must be disabled to even apply for a Special Use Permit.
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Last edited by Lily Kerns; 12-10-2010 at 09:50 AM..
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Old 12-10-2010, 11:56 PM   #2
KSagal
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It surely sounds discriminatory to me. I understand it is the law/rule, but wonder what would happen when challenged in court.

Progress is frequently slow, but progress is just that.

Thanks for keepin' on keeping on this battle.
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