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Old 05-02-2007, 04:01 PM   #31
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I would recommend caution rather than forcefulness. Slow and steady rather than hard and fast would be a much better approach. Wait for the NM decision and then see what happens (is it in favor of the glider? does it get appealed? does it lead to other supporting decisions?).
This isn't my issue, so I shouldn't be contributing to the discussion. But I do hear the "slow and steady" comment often. I'd like to ask, today, when might a "slow and steady" approach be completed? 2008? 2009? 2010? (Yes, I know this question really isn't answerable. I'm trying to get folks to draw a line in the sand...for a day when they say, we've tried "slow and steady" for far too long...let's try something else.)

I sense alot of frustration among the disable folks in our community. The segway's been out for almost 5 years now. And during that time DRAFT as made great strides. However, I'm going to speculate that many don't want another 5 years to go by as we head down the "slow and steady" slippery slope.

Again, this isn't my issue. I'm only repeating what I've seen others say here...constructive people (often volunteers) working the issue and disabled users who want all these ADA issues cleared up yesterday.

ps - As an able bodied glider, I have no expectation that any concessions made for ADA will be extended to all gliders. I am more than happy to see my gliding curtailed at any place...well, until I get old enough to have a disability!
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Old 05-02-2007, 04:48 PM   #32
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One of the first is a tenet of law that states that the right of one (or some) can be superseded by the safety of many. Therefore, if a court of law deems that there is an inherent risk to others because of Segway usage they can ban the Segway use, even if it is for mobility use.
Steven
One thing to consider when determining the safety factor for ADA is that it must be real, not a precived a danger to others.

David
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Old 05-02-2007, 07:28 PM   #33
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David, you make an excellent point. There are no problems with Segway users running down people. What if someone in a motorized wheelchair had a heart attack in a mall and the wheelchair took off at full speed and mowed down dozens of shoppers?

You really do have to 'walk a mile in their shoes' before anyone can make blanket judgements like banning Segways in malls. After all, the ADA laws don't list accredited vehicles because they know that the list can change, and everytime it does, this 'new' method of transportation could be 'banned' until proven safe.

I don't think that cars are safe- LOOK AT THEIR TRACK RECORD! Let's ban cars, ok?

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Old 05-02-2007, 08:09 PM   #34
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Default Big Sticks.........maybe

I just sent letters (e-mail) to both of my Senators and my rep in the House, and it was as easy as posting here, no stamps. Election year is right around the corner and ears tend to get a bit bigger. I don't have lawyer money and really I shouldn't have to spend a dime. I know, I know, that is how the system works, but I think it's time to put the wheel to the road.

Whadda ya say guys?

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Old 05-03-2007, 12:06 AM   #35
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Plo - I'm not advocating sitting back and waiting, I'm just advocating taking measured steps, not wild and crazy steps. Draft is doing "something" in the wings, ACLU is working on it in NM. Wouldn't it be smarter to work with one of those organizations to further their (and your) cause than to possibly cause a ruckus that then sets everybody back a step?

Dave / Glenn - No, it can be a perceived threat (that is, one that has the possibility of happening but maybe has not yet done so). However, it can't be a made up threat. Please note that there are MANY instances of folks having Segway accidents on YouTube, and there is a subpoenable database at Inc. (NOTE TO ALL - I'm not saying this is a defensable argument, only one that can be used and, remember, judges are fickle beings!).

Frank - Your step is exactly what needs to be done...and we all should do this.

Steven
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Old 05-03-2007, 06:56 PM   #36
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Default I would have to agree with some of that.

I know I'm the guy that "Insights" these riots but Steven has a point. Obviously Mr. Funk in New Mexico brought this issue to the legal front and that will play out as all things in the courts.

I also believe that there are far more of us than I would have thought. I have been receiving many messages from sites other than here or DRAFT from people using the Segway as a mobility aid.

Writing your Senators and Congressmen/woman is a tried and true method of showing dissatisfaction with something. The same goes for 'Places of Public Accommodations".

A head of steam is building and great strides have been made in a relatively short time.......patience is a virtue.

DID I SAY THAT !

We all knew going in that there would be places that would need to have the "Barriers" removed. Go out and exercise your rights, be seen as visibility is a key factor.

DRAFT always believed in "Education over Litigation" and still does. But the time may come when some have no other choice.

That felt very unlike me....lucid...Mr. Lorenzo, HELLLLLLP !

Be Big,
Alan

PS-Yes I just took my pills.
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Old 05-03-2007, 11:30 PM   #37
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I still think it would be worthwhile to have another (or several) NM disabled glider involved in the case. If the mall management saw a few more folks in similar circumstances as Mr. Funk step up and ask the judge to be included in the case, then they'd see this is an issue that won't go away.

At the very least, I'd hope these other gliders would be included in the temporary court order to make the point.
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Old 05-04-2007, 12:29 AM   #38
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I still think it would be worthwhile to have another (or several) NM disabled glider involved in the case. If the mall management saw a few more folks in similar circumstances as Mr. Funk step up and ask the judge to be included in the case, then they'd see this is an issue that won't go away.

At the very least, I'd hope these other gliders would be included in the temporary court order to make the point.
Perhaps you should write the ACLU and suggest that.

Of course, to step up to the judge, there has to be a hearing. Which there hasn't been yet, and one is not yet scheduled. And if the scheduled settlement conference is successful, there won't be a hearing or a trial or whatever.

Frankly, from some other information I have, there seems to be a lot more going on in this case than is being discussed here. And a lot more legal talent available to Mr. Funk than is present in this forum. And a lot more thoughtful consideration by Mr. Funk and his lawyers.

...and a lot more thought on the "other side", also.
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