Beware the Ides of March-new ADA regulations

Tarkus · 03-14-2011, 01:12 PM

Good afternoon,

As we all know tomorrow March 15, 2011 the new regulations regarding access for people with disabilities who choose to use a Segway as the device of choice go into effect.

As far as I can tell from the White House schedule, neither Pres. Obama, Atty. Gen. Holder or Thomas E. Perez Assistant Attorney General has a press conference planned to discuss the new regulations concerning the Segway and persons with disabilities.

The new regulations have been posted on the Department of Justice website, and I will bet the farm that is the only place that these regulations will be found.

For those of us that use our Segway as our legs we should expect the same difficulties tomorrow regarding access that we have today.

Most, I would guess 99%, of all places covered by both the title II title III of these regulations have absolutely no idea that there is a change in the Segways classification at a federal level. Those that do may choose to test these regulations.

Since the ADA's inception in 1990 courts have picked apart many of the protections. Hence the ADA restoration act. Many of the requirements of the initial law have still been ignored by both government facilities and places of public accommodation 20 years afyer the fact.

That being said we should not expect our situation to be any different. Places that are ignorant to new regulations will continue to be that way until someone educates them. Unfortunately that education will have to come from those of us that rely on Segways.

Some places that do know of the new regulations will begin, or continue, to have their legal department looks for methods to challenge. Also nothing new.

I wish I had a better answer than that, but it is what it is.

My only advice would be to carry information concerning your disability and at least a summary of the new classification. Even if you were to carry the full text of the new regulations there will still be a great many places that will deny your access until their legal departments have looked into the situation.

So I guess to sum it up, be prepared and be aware of who you are picking your battles with. Those with deep pockets will resist the most.

On a positive note, our position is far far stronger than it has ever been in the past. The new category concerning the Segway in theory should put to rest many of the excuses used to deny accessibility in the past.

But there will still be those that try to use the same old arguments and insist that the burden of proof of safety lies directly on us when in fact it now lies directly on them.

Again thank you to all who took the time to make comments, testify and fight the battle door-to-door to make these new regulations happen.

Best of luck to all and let us all know how you make out.

Be Big,
AMAC

Lily Kerns · 03-14-2011, 01:30 PM

You are undoubtedly correct in your assessment. Another part of the problem --and equal or greater shame for it--lies with those who do know and choose to do or change nothing until they are forced to do so.

Therefore it behooves _us_ to get ourselves educated, armed with knowledge of the provisions of the law--as we understand them-- and as much technical knowlege, practical knowlege of segway use and as many potential questions to ask and useful responses to allegations and misinformation about Segways as we can collect and absorb to have at our fingertips...

At least we will have done _something_ and who knows how a tiny seed of information may bear fruit in the future. Being able to share those struggles here will be of great value to those of us who have no other Seg users to share with.

As for finding a lawyer--that would be nice <G> but lawyers don't always agree and in the final analysis we are subject to the whims, dyspepsia and lack of knowledge of bureaucrats and judges...and our own inertia. It makes the battle more difficult--but not less worth while!

Tarkus · 03-14-2011, 08:41 PM

Quote:

Originally Posted by Tarkus

Good afternoon,

The new regulations have been posted on the Department of Justice website, and I will bet the farm that is the only place that these regulations will be found.

Happy I didn't bet the farm !
See new thread.

Be Big,
AMAC

03-14-2011, 01:12 PM	#1
Tarkus Senior Member Join Date: Jun 2005 Location: Ponte Vedra Beach, FL/ Mantoloking NJ Posts: 2,081	Beware the Ides of March-new ADA regulations Good afternoon, As we all know tomorrow March 15, 2011 the new regulations regarding access for people with disabilities who choose to use a Segway as the device of choice go into effect. As far as I can tell from the White House schedule, neither Pres. Obama, Atty. Gen. Holder or Thomas E. Perez Assistant Attorney General has a press conference planned to discuss the new regulations concerning the Segway and persons with disabilities. The new regulations have been posted on the Department of Justice website, and I will bet the farm that is the only place that these regulations will be found. For those of us that use our Segway as our legs we should expect the same difficulties tomorrow regarding access that we have today. Most, I would guess 99%, of all places covered by both the title II title III of these regulations have absolutely no idea that there is a change in the Segways classification at a federal level. Those that do may choose to test these regulations. Since the ADA's inception in 1990 courts have picked apart many of the protections. Hence the ADA restoration act. Many of the requirements of the initial law have still been ignored by both government facilities and places of public accommodation 20 years afyer the fact. That being said we should not expect our situation to be any different. Places that are ignorant to new regulations will continue to be that way until someone educates them. Unfortunately that education will have to come from those of us that rely on Segways. Some places that do know of the new regulations will begin, or continue, to have their legal department looks for methods to challenge. Also nothing new. I wish I had a better answer than that, but it is what it is. My only advice would be to carry information concerning your disability and at least a summary of the new classification. Even if you were to carry the full text of the new regulations there will still be a great many places that will deny your access until their legal departments have looked into the situation. So I guess to sum it up, be prepared and be aware of who you are picking your battles with. Those with deep pockets will resist the most. On a positive note, our position is far far stronger than it has ever been in the past. The new category concerning the Segway in theory should put to rest many of the excuses used to deny accessibility in the past. But there will still be those that try to use the same old arguments and insist that the burden of proof of safety lies directly on us when in fact it now lies directly on them. Again thank you to all who took the time to make comments, testify and fight the battle door-to-door to make these new regulations happen. Best of luck to all and let us all know how you make out. Be Big, AMAC __________________ *************************************** 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.

03-14-2011, 01:30 PM	#2
Lily Kerns Member Join Date: Dec 2008 Location: SW Missouri, near Springfield Posts: 875	You are undoubtedly correct in your assessment. Another part of the problem --and equal or greater shame for it--lies with those who do know and choose to do or change nothing until they are forced to do so. Therefore it behooves _us_ to get ourselves educated, armed with knowledge of the provisions of the law--as we understand them-- and as much technical knowlege, practical knowlege of segway use and as many potential questions to ask and useful responses to allegations and misinformation about Segways as we can collect and absorb to have at our fingertips... At least we will have done _something_ and who knows how a tiny seed of information may bear fruit in the future. Being able to share those struggles here will be of great value to those of us who have no other Seg users to share with. As for finding a lawyer--that would be nice <G> but lawyers don't always agree and in the final analysis we are subject to the whims, dyspepsia and lack of knowledge of bureaucrats and judges...and our own inertia. It makes the battle more difficult--but not less worth while! __________________ Lily Kerns ~~~~~~~~~~~~~ Faculty: To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. Last edited by Lily Kerns; 03-14-2011 at 01:39 PM..

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