Tuesday, July 23, 2013

The Disneyland Segway saga

A California court recently ruled that Disney has the legal right to ban people from riding Segways at Disneyland.  DIS News posted this long article talking about the recent legal decisions and the history of the case. Earlier this year the U.S. Supreme Court declined to hear the class action case involving a lawsuit against Walt Disney World for not allowing people to ride their own Segways in the parks.  This ended the discrimination case as it applied to WDW.  A short while later a federal judge threw out the case against Disneyland.

The plaintiff may have one possibility of appeal left, but success is very unlikely.  Interestingly, the plaintiff's attorney tried to get Disney to pay for $124,000 in legal fees. This was refused by the court since the plaintiff "had not prevailed in any meaningful way".

Disney's position is that having people using their own Segways in crowded parks is a major safety hazard.  If you have ever used a Segway then you know that the device reacts to your every movement, and even keeping it still takes a bit of skill.  Just imagine having hundreds of personal Segways in the parks, along with the motorized scooters.  This is not a good picture.




The next day, the California Court of Appeals ruled that Disneyland’s safety based ban on Segways did not violate California’s disability discrimination laws. Baughman has demonstrated she is a tenacious litigant, however, so don’t be surprised if she tries to appeal either of these ru - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.nWdq05jg.dpuf
The next day, the California Court of Appeals ruled that Disneyland’s safety based ban on Segways did not violate California’s disability discrimination laws. Baughman has demonstrated she is a tenacious litigant, however, so don’t be surprised if she tries to appeal either of these ru - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.nWdq05jg.dpuf

The next day, the California Court of Appeals ruled that Disneyland’s safety based ban on Segways did not violate California’s disability discrimination laws. Baughman has demonstrated she is a ten - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.nWdq05jg.dpuf
The next day, the California Court of Appeals ruled that Disneyland’s safety based ban on Segways did not violate California’s disability discrimination laws. Baughman has demonstrated she is a ten - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.nWdq05jg.dpuf
The next day, the California Court of Appeals ruled that Disneyland’s safety based ban on Segways did not violate California’s disability discrimination laws. Baughman has demonstrated she is a ten - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.nWdq05jg.dpuf

The next day, the California Court of Appeals ruled that Disneyland’s safety based ban on Segways did not violate California’s disability discrimination laws. Baughman has demonstrated she is a ten - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.nWdq05jg.dpuf
The next day, the California Court of Appeals ruled that Disneyland’s safety based ban on Segways did not violate California’s disability discrimination laws. Baughman has demonstrated she is a tenacious litigant, however, so don’t be surprised if she tries to appeal either of these ru - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.nWdq05jg.dpuf

Disney submitted the declaration and deposition testimony of Gregory Hale, Disney’s chief safety officer. Hale is responsible for “safety, accessibility for guests with disabilities and technology advances in these areas for [Disney] theme parks, including Disneyland Park.” - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
The next day, July 18, the California Court of Appeals dashed what might be the last best hope for Segway advocates when it ruled that Disney could validly ban Segways at Disneyland.  Ironically, after almost six years of Segway litigation, Thursday’s decision was the first time any appeals court directly addressed (and upheld) Disney’s safety justification for banning Segways. - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
the California Court of Appeals dashed what might be the last best hope for Segway advocates when it ruled that Disney could validly ban Segways at Disneyland.  Ironically, after almost six years of Segway litigation, Thursday’s decision was the first time any appeals court directly addressed (and upheld) Disney’s safety justification for banning Segways. - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
Baughman’s biggest (and only) success occurred in 2012, when the federal court of appeals held that Baughman’s use of Segways at Disneyland could be “necessary” even if she could use a wheelchair.  The federal court of appeals made clear, however, that its decision did not “hold that Disney must permit Segways at its theme parks.”  While the appeals court ruled in Baughman’s favor, the federal judge found it did not mean Baughman had sufficiently prevailed to permit an award of attorney fees - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
the California Court of Appeals dashed what might be the last best hope for Segway advocates when it ruled that Disney could validly ban Segways at Disneyland.  Ironically, after almost six years of Segway litigation, Thursday’s decision was the first time any appeals court directly addressed (and upheld) Disney’s safety justification for banning Segways. - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
Baughman’s biggest (and only) success occurred in 2012, when the federal court of appeals held that Baughman’s use of Segways at Disneyland could be “necessary” even if she could use a wheelchair.  The federal court of appeals made clear, however, that its decision did not “hold that Disney must permit Segways at its theme parks.”  While the appeals court ruled in Baughman’s favor, the federal judge found it did not mean Baughman had sufficiently prevailed to permit an award of attorney fees. - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
Baughman’s biggest (and only) success occurred in 2012, when the federal court of appeals held that Baughman’s use of Segways at Disneyland could be “necessary” even if she could use a wheelchair.  The federal court of appeals made clear, however, that its decision did not “hold that Disney must permit Segways at its theme parks.”  While the appeals court ruled in Baughman’s favor, the federal judge found it did not mean Baughman had sufficiently prevailed to permit an award of attorney fees. - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
Baughman’s biggest (and only) success occurred in 2012, when the federal court of appeals held that Baughman’s use of Segways at Disneyland could be “necessary” even if she could use a wheelchair.  The federal court of appeals made clear, however, that its decision did not “hold that Disney must permit Segways at its theme parks.”  While the appeals court ruled in Baughman’s favor, the federal judge found it did not mean Baughman had sufficiently prevailed to permit an award of attorney fees. - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf
Baughman’s biggest (and only) success occurred in 2012, when the federal court of appeals held that Baughman’s use of Segways at Disneyland could be “necessary” even if she could use a wheelchair.  The federal court of appeals made clear, however, that its decision did not “hold that Disney must permit Segways at its theme parks.”  While the appeals court ruled in Baughman’s favor, the federal judge found it did not mean Baughman had sufficiently prevailed to permit an award of attorney fees. - See more at: http://blog.wdwinfo.com/2013/07/20/its-been-a-bad-week-for-segways-at-disneyland/#sthash.qTwjLpXT.dpuf

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