Entrepreneur challenges Key West Segway ban - KeysNet

[Bob.Kerns]

Originally Posted by sitseg

People with disabilities already have access in Key West while using a Segway. You are trying to gain access for your commercial interest not for the greater community at large. Please don’t act like you are trying to achieve access for the disabled in Key West.

FYI: I hope that you are aware that if you lose your court case the winning party is entitled to be awarded their costs of litigation.

Do you know if that's true in that jurisdiction? I know it's not always true.

If you parse his words very carefully, you'll see he's saying he's fighting for ALL, not just the disabled.

It does concern me considerably that you have to parse his words carefully to ascertain that. I think dragging the ADA into this is wrong, morally, and likely to screw up the case, legally.

I have no problem with his having a commercial interest in the outcome. I also happen to think the Key West ban is not in the spirit of, and perhaps not the letter of, the state law, as I've said before -- but it's a narrow point, and the courts might not agree.

I think the correct ADA tie-in here is:

"Look, you already exempt their use as an ADA disability device. That strongly suggests that your ban is NOT in the interest of safety as required by Florida law. I suggest you give access to all, as there are many who would benefit from the added mobility, beyond those who meet the "substantial disability in a life activity" requirement under the ADA."

He is correct that there is a range of disability, despite the boolean "disabled/non-disabled" implied by the ADA. The lawsuit should proceed on the grounds that the statute doesn't meet the state requirements. The public and local legislative argument should make the argument that they should open up access beyond what is required by the ADA -- including the able-bodied.

But I think you have to be careful here (and I think he has not been, as I've stated in the past). This is not about diluting the ADA, offering those protections to all. I think you have to be clear that the issue is that they have no legitimate basis for the ban -- and its successful and safe use by the disabled demonstrates the illegitimacy of the ban -- NOT of the lack of need for ADA protections.

(In fact, I don't think I've stated it clearly enough myself here).

I think these concepts have gotten mushed up considerably. That's why you've taken offense; I think the result is likely to be worse in the legislative arena, and even worse if it enters into the courtroom.

[Bob.Kerns]

I'd like to add that opening up access to the able-bodied directly benefits the disabled as well.

If there are tours, disabled who may not have been able to bring their units can benefit.

And significantly, we get less hassle when people have no illusions that "aren't those things banned?"

[Tarkus]

I have been to Key West, been going for years. It's a shame that the city has turned into such a "Standard" tourist trap. Most of it old charm is gone.

I have been on Duval Street with my Segway, was stopped, explained my use of the Segway and let them know that if they would like they could go ahead and arrest me.
I enjoyed the rest of the day without ending up in the "Gray-Bar Hotel"

The last time I was there was in 2007. I have little reason to return as I find the Middle Keys more to my liking.

As I said in the beginning this appears to be a play on the ADA and that blurs the line.



Bob,
As far as:
"I'd like to add that opening up access to the able-bodied directly benefits the disabled as well" .

Can't argue that. Had INC done a better job at universal approval there would be no need to fight the fight.

History may show that it will be the use by those with disabilities that open the door for the general population.

Be Big,
AMAC

[Bob.Kerns]

Originally Posted by Tarkus

As I said in the beginning this appears to be a play on the ADA and that blurs the line.

Whether intentional or not, I think it's a clear mistake. If it's intentional, it's just WRONG, and if unintentional, it's counterproductive, confusing, misleading, and likely to result in a backlash.

While I do think the physical reality is a blurred line, that doesn't carry over to the legal world, nor does it serve education. Keep the line very clear, and your message, and your legal position, will be much more clear.