08-01-2010, 06:52 PM | #21 | |
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6 months
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08-04-2010, 06:08 PM | #22 | |
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At least some of those rulings certainly ignored any "equal, non discriminatory" concepts...
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08-05-2010, 04:19 PM | #23 | |
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Time to gather data on Scooter Accident Rates
Very good point. Is there an available database of scooter related accidents? i.e. taking people out at the knees, etc? Useful to have...
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Brian Hughes SegSaddle - San Antonio - Texas |
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08-05-2010, 04:23 PM | #24 |
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Very interesting. One thing, the while paper I did awhile ago regarding the relative merits of the stand up scooter vs. the segway brings out safety features that are in the segways favor.
Instinctive action triggers breaking, not the squeezing of a break lever. Segway impact at chest level vs. knee level strike with scooter. Segway reacts to forward impact by rocking back, triggering deceleration. Scooter doesn't notice impact. etc...
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Brian Hughes SegSaddle - San Antonio - Texas |
08-05-2010, 04:27 PM | #25 |
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Lily:
I think the key here is "legitimate safety requirements" - you can't just claim safety, it has to be "legitimate", which is likely to be at the heart of the next challenge to Disney's access policies. Brian unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements (emphasis added) that the public entity has adopted pursuant to § 35.130(h). The operative word here would seem to be safety as the only reason for denying its use and the Fact sheet makes it clear that the same access is intended.
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Brian Hughes SegSaddle - San Antonio - Texas |
08-05-2010, 05:24 PM | #26 | |
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Words do get us into trouble, don't they? I say "dog"--I'm thinking Chihuahua--and you are thinking Great Dane...
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08-05-2010, 07:05 PM | #27 | |
Glides a lot, talks more...
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Karl Ian Sagal To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. "Well done is better than well said." (Ben Franklin) Bene factum melior bene dictum Proud past President of SEG America and member of the First Premier Segway Enthusiasts Group and subsequent ones as well. |
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08-05-2010, 08:08 PM | #28 |
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"White Papers"
Go on the DRAFT website under Education & Advocacy, scroll down to the bottom of the page and click on "Docoments & Links". There are several notable papers there, one by Jere Fabick, one by Brian Hughes and one by Jerry Kerr - all good papers each with its own emphasis. We will need to have a link to the new ADA rules which should be shown on page 1 of the web site. Brian's discusses safety, Jere's discusses myths and Jerry's discusses the whole gamut of reasons that the Segway should be an approved device under the ADA.
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08-05-2010, 08:29 PM | #29 | |
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08-10-2010, 03:33 PM | #30 | |
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Yes - the burden is on the denier of access
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Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services, as provided in § 36.208. They can't just arm wave "direct threat" and deny access. Furthermore, the rules spell this out in the language below. Sec.36.208 Direct threat. (a) This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others. (b) In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk. Folks - I suggest we start gathering "the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk." You've been out there - how many miles have you got on your segways? How many "incidents" have you had? Data will be very helpful! This is one area where Segs4Vets could be invaluable - 500 plus Segway riders - a potentially rich source of data on safety and benefits, etc.
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Brian Hughes SegSaddle - San Antonio - Texas |
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