Home » On My Soapbox » Time For Disney to Do The Right Thing

Time For Disney to Do The Right Thing

By Jamie McIntyre Tuesday, October 6th, 2009 11:57 pm
Posted in On My Soapbox

A federal judge in Orlando has struck a blow for the rights of disabled veterans in rejecting a settlement that would have denied wounded war heroes their preferred method of mobility, the geo-stabilized upright transporter known as a Segway.

See News Release from “DRAFT” here

The ruling is one step in the right direction, but doesn’t end the battle to give our veterans their wheels of choice.

The Walt Disney Company stubbornly refuses to get with the times and allow visitors to use the state-of-the-art devices, which allow disabled people to get around standing up, instead of sitting a wheelchair.

Curiously, Disney allows Segways for the use of its own employees and for tours that it charges for, but claims allowing private citizens to use them is a safety hazard.

It strikes me as an outrage that our wounded warriors have to suffer this indignity, and for the life of me I can’t understand what the folks at Disney are thinking.

Am I wrong about this?

Disney is portraying this as a legal victory in part because the judge ruled, “there is simply no evidence that… use of a Segway is arguably essential to accessing Disney’s Park.” [Disney Wins Dismissal of Suit Over Segways, Settlement Voided - Bloomberg] Disney is simply glossing over the fact the settlement would have left its Segway ban in place.

But in vacating the settlement, the judge kept the key issue alive: It’s not whether the disabled vets COULD use the park without their Segways, it’s whether they SHOULD be forced to use an inferior substitute like a wheelchair, or Disney’s low-tech four-wheel stand-up scooter.

You can read Judge Gregory Presnell’s full ruling here, but this is the part I think gets to the central issue.

“This case is not about necessary accommodation. The real question, it seems, is the extent to which the ADA can (or should) promote equal treatment and human dignity by requiring acceptance of new technologies. As Major Gade and others testified, the Segway is quickly changing the way disabled Americans are perceived and treated in our society. The importance of this interest simply cannot be overlooked. While on the facts of this case equal treatment and human dignity may not be protected… those interests may still be protected by other provisions of the ADA or state law. As the Supreme Court has recognized, the purpose of the ADA is to eliminate the “physical and social structures” that have impeded the disabled. In this regard, the ADA concerned itself with much more than just eliminating physical barriers to access, but with advancing the “stature” of persons with disabilities, protecting against the “stigma” that is often associated with being disabled and promoting respect for “the dignity of individuals with disabilities.”
Gregory A Presnell
U.S. District Judge
Orlando Florida

Tags: Disney, Segways, Vets

Share |

« « Blame the Dead Pilots? | Seg4Vets » »

This website uses IntenseDebate comments, but they are not currently loaded because either your browser doesn't support JavaScript, or they didn't load fast enough.

Join the Conversation

	David Ferleger October 7th, 2009 at 10:59 am Disney here suffered a great loss. It’s effort to obtain approval of the settlement which would have made the Segway ban permanent was rejected. The court spoke at length about the ADA’s protection of the dignity of people with disabilities and left the way open to other suits under a variety of theories. Given Disney’s urgent efforts to win approval of the settlement, it is ironic to see it attempt to call this loss a win. I am counsel to DRAFT and the approximately 100 objector. Also on our side has been the US Department of Justice and — strikingly — 23 States in our Nation. You are right that our warriors who use Segways and others as well should have full access to Disney and other public accommodations.
	Chris Black October 7th, 2009 at 3:08 pm Technology is changing the lives of people with disabilities for the better. Military veterans have always led the way with the newest, best, most innovative forms of treatment and assistive devices. The Segway is just one more tool which allows these wounded warriors to live fuller lives. Segs4vets recipients use Segways to cross college campuses to go to class, to stay on active duty, to go to work, to go to the mall with a spouse and even to walk the dog. Try walking a dog from a wheelchair. Disney is protecting a franchise, the expensive Segway tours for park visitors. During the fairness hearing the company could not cite a single time when a disabled person hurt another using a Segway. Moreover, if safety was such an issue, why is Disney the second biggest customer of the Segway company? Hard to believe a big company would risk liability by using a dangerous device! Chris
	Anonymous October 7th, 2009 at 5:59 pm In fairness to Disney, I want to make a few points. Segway tours are only conducted when the park is closed to the general public. The only Disney employees I’ve seen on Segways have been security at Downtown Disney. I don’t think Disney is singling out wounded warriors with this policy. If Disney allowed disabled visitors (with a legitimate use for it) to use Segways, they could not exclude non-disabled visitors from using them as well. This is the current situation at Disney with renting wheelchairs and ECVs — you don’t have to show any proof of disibility to rent one. So they would have to allow anyone to use a Segway. Having just returned from Disney last week, during non-peak season, I can’t imagine adding people on Segways to the crowds. I witnessed several “accidents” where people on ECVs crashed into people and stationery objects — I think adding Segways would just make this situation worse.
	Mary October 7th, 2009 at 6:34 pm I am very proud of our Vets, wounded or not, and believe they deserve a lot of respect. I would rather see a wounded vet in a motorized wheelchair than on a Segway because in the wheelchair you can’t be pushed over in the crowds or by the children that are running around. Believe me, I’ve been in a wheelchair at Disney and have been run into and have had to stop short because some children where running around unsupervised. For Safety reasons, I would say that the Segway should be left to the employees alone.
	Anthony October 7th, 2009 at 8:21 pm Your point is right on track. Although I support any wounded vet the use of a segway, however, I dont agree in allowing just any individual the use of one, especially considering how accident prone they can be. I think any individual that has one should need to have proof of their disability and their ability to operate one with certification. This may help keep the wacko’s at bay.
	Tommy October 7th, 2009 at 8:53 pm I was at Disney last October and noticed a lot of Segway use at Epcot as opposed to the other areas. For the most part the people that used their motorized scooters used care and caution. A number used those scooters because they were obvously overweight and the amount of walking at Disney is a lot on any given day and takes its toll on feet and legs. I really don’t see a problem allowing people to use their own Segway’s or renting them. I also noticed that there were a number of motorized scooters that were rented from other local vendors or that people brought their own personal motorized chairs. It’s an outright act of discrimination!!
	John Craft October 7th, 2009 at 9:22 pm Considering Disney is one of the most Vet and Military friendly companies in the world I have to side with them. They hook up the military in all kinds of discounts and I think they are right in this case as much as it goes against my beliefs as a Vet myself.
	Alton October 8th, 2009 at 12:26 am Well it’s like this. When Policemen let IT people park their trucks in the handicapped zones so they won’t break a sweat unloading all those computer discs (maybe 10 pounds) and when this disabled VET (me) asked him why, that’s the answer I got, do you think that disabled people will ever get a fair shake? Do you think that anyone below the rank of God (figuratively speaking) should question a disabled Veteran’s handicapped parking privilege just because, “he doesn’t look disabled to me”? Maybe we should make Disability Laws that are enforceable and ANYONE breaking them should suffer grave consequences, starting with a very stiff fine for parking there and anyone bringing up the fact that, “He doesn’t look disabled to me” should be shown ’ the door’.
	Doug Warner October 8th, 2009 at 12:44 am The problem at Disney is not SEGWAYS, it is rude people. Last time I was there, I got poked in the head by a Brazilian tour group flag. When I turned around, the person scolded me in a language I couldn’t understand. I’m a retired AF vet. I don’t expect anything that any American on vacation wouldn’t expect. Disney is a public resort. SEGWAYS are used by disabled veterans, trained to use them for theirs’ and other peoples safety. It isn’t easy for disabled vets to get around and they do look out for others…thats how they got injured looking out for you. Instead of assuming they will run into you, you should realize they are there and watch for them. I’d bet most vets would let you go ahead of them in line if you and they got there at the same time.
	Buster October 8th, 2009 at 1:45 am I detest Disney with a passion, for we live one mile due West of Disneyland, and have experienced first had what it is to be ruled by the “Big Rat” with the able assistance of a pandering, compliant Anaheim City Council. Having said that, I must side with Disney on this issue. While hold-harmless agreements may protect them from some litigation by negligent users, it they would be heavily exposed to every Tom, Dick and Harry visitor who wants to make a quick buck claiming that a Segway rider “bumped” them or rolled over a toe. No, the cost of litigation would be too great, and the real costs would have to be passed on to the innocent family visiting from Little Town, Nebraska And, the “fact” that it is a handicapped veteran is immaterial. ALL have to be treated in the same manner.
	Debra Smith October 8th, 2009 at 5:18 am I agree that Disney is all about making the money for the executives that run it. I have 2 sons in the military and I agree that they are getting the shaft when they come back onto their home soil. Naturally it’s probably by people who don’t have any children in the military. Our vets deserve the utmost respect, especially when they are injured fighting in this senseless war to protect people who don’t give a rats *** about anyone but themselves. If they are worried about a vet injuring someone, why not invest in a segway lane throughout the whole park. That way there is much less chance of someone getting injured by the vet using the segway. As the mother of 2 sons in the military, I am so sick of people in the States disrespecting our men and women, to me, they might as well be spitting on the graves of those brave men and women who died over there fighting for all of our freedom. Nuff said, from now on as far as I’m concerned, Disney SUCKS.
	Expert_Glider October 8th, 2009 at 6:06 am WOW — Mary, you have no clue. I cannot even believe that you would “pretend:” to speak for our wounded vets. Shame on you!
	Expert_Glider October 8th, 2009 at 6:30 am Those that really want to learn about the Segway and how it is a godsend to people with disabilities should view the following: http://www.draft.org/LinkClick.aspx?link=Educatio... http://www.segs4vets.org
	greg October 8th, 2009 at 1:40 pm I am a disabled vet and Know Disney him self was in the Navy and would never allow any one to treat his military men in any way but respect. I think the individuals who run Disney now have forgotten What disney stod for and his beleifs. Cut the Crap and let Our HEROS in on any vehical they want. Disney would not exist if the military wasnt there to so grasiously provide the freedom they enjoy. Just say thank you and move on Disney or how would you like a National ban in effect, becouse the military voice is very loud.
	David M. October 8th, 2009 at 2:13 pm Just a point of correction — Walt Disney was never in the military, although he did serve with the Red Cross as an ambulance driver in France.
	Jeff Hunter October 8th, 2009 at 2:48 pm I dont know about you east coast folks, but here is my experience on the west coast, specifically Disneyland. There are a lot of folks in wheelchairs that go to Disneyland, its welcomed and the Staff goes out of there way to get them on the rides. But there is a probelm with electric wheelchairs (and Carts) that have injured people. For some reason, Some of those folks feel they have the right of way, regardless of the crowds. They use their electric chairs to push people out of the way, and in some cases knock down some folks who inadvertantly get “In their way”. One woman was banned from Disneyland years ago for this very reason, she would point her chair in the direction she wanted to go and Blam, start running folks over. I’m not an employee, or “Cast Member” but a season pass holder, I go there a lot. This is what I’ve seen, and my 2 cents worth.
	Steve October 8th, 2009 at 3:34 pm I will never spend another cent in a Disney park now that their true colors come to the fore front. I am a vet and thankfully I wasn’t called to war but I do support those that have. I will now bring my grandson up to understand Mickey doesn’t like everyone just their money. 25th MP’s
	Richard Hutchings October 8th, 2009 at 4:13 pm Easy fix. BOYCOTT DISNEY. It is WAAAY too expensive, and really isn’t that interesting. Retired Air Force Master Sergeant.
	Andrew October 8th, 2009 at 4:14 pm I wish I had time to walk the dog and drive around freely while intermittently posting unstructured and baseless rantings on topics I have sooo much understanding of from the armchair at home. Oh! That’s right..I work for a living…you should try it too Oh and while you’re at it, study Socrates and his view on “the opinion of the many”…Now I may be REALLY gambling here but I’m betting you MIGHT…you just MIGHT learn something if it’s not too far over your head
	RiverRat66 October 8th, 2009 at 12:27 pm I am a left A/K amputee and I have tried the SEGWAY. I understand Disney corporation’s reasons why they want these banned during open hours. I do not feel that this is being directed at veterans (unless it states so in the complaint). In a crowded environment such as these, I prefer the stability of a 3 or 4-wheeler when people are walking or kids are running w/o looking where they’re going. The employees are covered by Disney’s insurance policies should they cause injury to someone. I’m no attorney, but I would think that Disney would be subject to negligence lawsuits should a SEGWAY user hit and injure other patrons.
	Expert_Glider October 8th, 2009 at 4:50 pm It is estimated that 7,000 people with disabilities use a Segway as their primary mobility device. There has never been a reported incident where a Segway, used as a mobility device by a person with a qualifying disability, has cause injury to another person. Not one! The safety issue raised by Disney (and others) is a red herring.
	ronnie pond October 8th, 2009 at 5:25 pm What it is !. Is that Disney wants the Disabled vets and Handy capped People of this world. To rent their mod of transportation. They have no regard are complaint about the Segways per say . It’s just they want to make a profit off of the handy capped people Plain and simple!!!.
	Chief Houston October 8th, 2009 at 5:50 pm This is not about the Segway, it is about what disabled vets face for the rest of their lives, either in the work place or in the general public. ADA was a toothless joke, sounds good but does little. Disabled veterans should not have to come under a civilian ADA! They should have their own enforceable laws. We are so last century, when it comes to veterans! When you look at all veterans under a TWSS, (Total Warfighter Support System), then these types of issues will be resolved either by closing the site to the general public to allow disabled veterans to have access, any which way they prefer or tour guiding them around with top priority led by Segway employees, so that Segway disabled vets feel good about their access to Disney. The general public is just that ‚civilians and they do not have the right to supercede a disabled veteran. Again, if , we do not demand this type of situation for all veterans, than how can we expect any one else in our legislative branch to give UHRAHS about it!
	oren haney October 8th, 2009 at 6:59 pm Oren Haney. I am a disabled veteran with some serious mobility problems. I visited disney land with my wife and 4 kids some years ago. the problem I had was they did not have any devices avaluble at the time I arrived there. So I walked with my family around the park. Needless to say we had to leave the park after two hours because of my disabilities. We ended up shortining our vacation because I was unable to do anything for the next few days. My point is, that no matter what device they use, the possability is there that you will have to do without, unless you are allowed your own device in the park.
	wayne October 8th, 2009 at 7:22 pm In the recent years, we in Southern Calif havr been blessed by being able to participate in Operation Snowball Express. This is an evnt where as children and spouses of deployed personnel, and in some cases caretakers for children who don’t have a parent able to make the trip. Have been picked up Nationwide, and transported to So Calif. Most of were given free air travel round trip by American Airlines, these planes were flown by American Air Personnel who donated their time to fly these people here. Universal Studio, allowed the kids access to the park, Knotts Berry farm allows all Vets free access every November with proper ID. When I talked to the young lady in charge of this issue of free access to Disneyland I was told to Talk to a Man Named Roy White from the Snowball Committee. The best offer they (Disney) was a 15% discount. Of course I would be Rude and not mentioning the people from Oakley who puts on a whole day show and fantastic event for these kids.There are also many other co sponsors also I do not have a list here. There were hundreds of Hotell accomodations in the Anaheim Area, and free bus Transportation and escorts from the Patriot Guard riders of So. Cal, American Legion Riders, Vietnam Vets M/C,. Bottom line as previously mentioned Walt Disney is spinning in his grave at the thought of these kids being kept out of THEIR PLACE for financial gain. i PERSONALLY WILL NEVER SUPPORT ANY DISNEY ISSUE I hope others take a good hard look at this Company before they support it. IT APPEARS THE DISNEY PERSONNEL HAVE LOST TOUCH WITH THE REAL WORLD GIVEN THEY WORK IN FANTASY LAND. DISNEYLAND WAS BUILT TO MAKE PEOPLE HAPPY NOT TO MAKE THEM WONDER IF THEY CAN AFFORD TO GO IN. OR IN SOME CASES BE RESTRICTED BY DECISIONS THAT ARE MADE ARBITRARILY. iF THEY DO NOT ALLOW THIS SEGWAY MODE OF TRANSPORT, they should assign personnel to take these Vets at their will by a comparable mode of transport. The users of these vehicles are more than likely better trained and experienced than the security people in the park. Wayne(grumpy)McVeigh This year the Snowball Express is going to be in Texas. If anyone would like to find out more go to Snowball express.org
	Spc.Poole October 8th, 2009 at 7:23 pm So in other wprds your saying that the vets have use a segway on a daily basise are to stupid to use in a crowed. What about when they go to the mall or they go shoping. Have you ever used a segway? Do you know the ins and outs of them. What makes you then that a Vet on his or her segway would run people over. Do you realise how degraging it is to for my brother and sisters to have to sit in a wheel chair. Its people like you that make me sick. We are not talking about joe shmow off the street. The people your talink about know what they are doing.
	Chaz October 8th, 2009 at 8:08 pm Kids would be getting run into all over the place.Disney would be up there ass in lawsuits.
	Carla October 8th, 2009 at 8:31 pm I’ve seen wounded warriors riding their Segways at Nationals Ballpark in Washington, DC. A lot of those guys are straight out of Walter Reed and they are definitely very happy campers to be standing and wheeling their way through the crowd. Thing is, they’re going in and out of a crowded ballpark and it doesn’t cause any problems at all. Disney has it all wrong. They should embrace these young men and women and cut out the nonsense.
	Jos October 8th, 2009 at 8:42 pm And would these Segeways only be for Vets? What about civilians who are also disabled?
	Expert_Glider October 8th, 2009 at 8:45 pm Anyone with a qualifying disability is protected under the ADA.
	wayne October 8th, 2009 at 9:09 pm That addresses another issue, when are parents going to take back the responsibility for their childrens actions ??? You do not take kids to a venue like disneyland turn them loose and expect the park staff or other people to babysit. I have Twelve Now grown kids, who have blessed me with 42 Grndkids, My grnd kids have been raised much like we were respect older people and especially handicap folks. If your not willing to train your kids or be responsible for their actions don’t have them. Or do not take them to public places if you know they will not behave properly. Yes accidents will happen but caution and manners help in a lot of areas. Wayne ( Grumpy ) McVeigh
	Dan October 8th, 2009 at 9:41 pm I am a disabled veteran, and I have children. I asked my son about the Disney issue with regards to the Stegway, and he said to me that he wouldn’t want to go to a place where they treat veterans like Disney does.
	dan October 8th, 2009 at 9:43 pm Apparently you have no sense of gratitude for the vets who went to war for you.Putz
	wayne October 8th, 2009 at 10:06 pm I beg your pardon!, I am a Vet I currently am an active member of Vietnam Vets of America, American Legion, Veterans of Foreign Wars, and the Disabled Vets of America. Also Patriot Guard Riders. What does keeping your kids in line have to do with my Veteran Affiliations anyway
	wayne October 8th, 2009 at 10:11 pm Dan, excuse me but were you questioning me or addressing someone else??? I will not go or support any Disney isuue movies toys parks etc. Disney to me is a larger Jane Fonda. Wayne (Grumpy ) McVeigh
	Piece of my mind October 9th, 2009 at 4:50 am I really enjoy how everyone is so quick to complain when they hear things from our “news sources.” Yes, most veterans DO watch where they’re going and yes, most would give you the right of way. Yes we are proud of our vets and they deserve respect. I am a veteran myself … luckily not disabled. From my personal experience with disabled and non-disabled vets, most of them if not all would spit at the very idea of someone complaining that they can’t stand while being auto-driven around in a place designed for vacation full of young kids who are hard enough to spot while you’re on foot. Does it really matter whether you stand or sit while being transported by a machine through a theme park?
	Piece of my mind October 9th, 2009 at 4:50 am And for the record I have never heard a veteran, disabled or not, say that they joined the military for the special treatment and recognition. If vets want dignity and respect while in a wheelchair, wear an article of your uniform. God knows we earned that right. Also, many vets go to work in the private sector after their military careers. I’m pretty sure there are a bunch over at Disney. Ask them how they feel about it before you go slandering a company because you’re too ignorant and lazy to dig the CORRECT information up yourself. Trust the news more, it helps your stupidity.
	wayne October 10th, 2009 at 4:41 am Steve, 25th MP’s Teach your grnd kds the truth. That is sometimes someone has a dream they work hard and see their dreams fulfilled. Walt Disney had a dream, and he had the support of his wife which how alot of dreams are accomplished. There comes a time when the original dreamer has to leave because God as I believe needs more dreamers in Heaven so he calls them home. A lot of time the people who follow the dreamer are just SELFISH, AND GREEDY. Don“t blame Mickey, or Goofy or Donald, they are the parts of the dream we can keep alive. Wayne Mc Veigh I was also with the 25th Div. CuChi 68
	safety October 12th, 2009 at 4:50 am What a bunch of double talking mumbo jumbo. That paper doesn’t help “people understand the issue”, all it does is circle around the issues and tries to sell people on your side of the issue. Segways are not approved as mobility devices plan and simple.
	Kimberly October 13th, 2009 at 2:18 pm Disney has bigger problems that this. Have you been to the Magic Kingdom lately? You can’t even move. The lines are hours long. Half the rides are broken. Perhaps if they ran their parks properly there would be room for this type of conveyance, but with the current horrible state of things at Disney parks, there just isn’t.
	robert October 20th, 2009 at 5:44 pm Sir; I wonder if Disney would take this stand if they were still owned by an American instead by a japanese company????SORRY. I just wish that so many of our American Facilities could not have been baught up by forign interests!!!! It is hard for some people to embrace the American spirit that we have fought and died for.I do support our disabled Veterans in any way so they can enjoy our American facilities without being prohibited by anyone. Robert
	robert October 21st, 2009 at 12:38 am Why should I post another comment ? Does the truth hurt some little feelings?I would not be caught dead in Disney under the present management!!!!