Federal Appeals Court Upholds Disney's Ban on SegwaysLeah Zanolla | Posted: Aug 31, 2012 | Updated: Aug 31, 2012 - 2:15:36 PM
by Jack Burgin
In a significant victory for Disney, a federal appeals court unanimously upheld Disney's safety-based ban on unrestricted use of Segways within Walt Disney World and Disneyland Resort. In 2007, three individuals filed a class action lawsuit under the Americans with Disabilities Act seeking to overturn Disney's ban on the use of Segways in Disney's theme parks. The parties ultimately decided to settle the class action lawsuit and received lower court approval for the settlement in April 2011. Several individuals objected to the settlement and appealed the decision. The United States Department of Justice also argue the settlement should be rejected.
In a decision released August 30, 2012, the United States Court of Appeals for the Eleventh Circuit, sitting in Atlanta, Georgia, affirmed the lower court's approval of the settlement. The court rejected the Department of Justice argument that Disney's safety ban violated ADA regulations issued in 2010 explaining that "During an extensive fairness hearing before the district court, Hale (Disney's Safety Officer) testified regarding the safety risks posed by the operation of Segways in Disney Resorts. The very factors Hale considered before deciding that Segways are too dangerous for operation in Disney Resorts are the very factors facilities are required to consider under the new regulation... The district court found that based upon this testimony Disney is likely to succeed at trial" in showing that the Segway ban does not violate the ADA.
The court also explained why its decision did not conflict with the July 2012 decision from the United States Court of Appeals for the Ninth Circuit (in California) in Baughman v. Walt Disney World Co. In the earlier decision, the Ninth Circuit instructed a lower court to decide whether Disney could ban Segways on safety grounds. But in yesterday's decision, the Eleventh Circuit explained that the lower court had conducted a "well reasoned analysis" which found that Disney's safety-based ban did not violate the ADA regulations.
The terms of the settlement permit both Disney theme parks to continue the blanket ban on unrestricted Segway use. Disney will also be able to require guests wanting to use standing mobility aids to rent the electrically powered vehicle developed by Disney (for the same fee it charges for an electronic convenience vehicle (EVC)). Disney has also promised "to use its discretion about waiving the rental fee in particular circumstances (such as when qualified guests bring their own Segway)."
The effect of the Eleventh Circuit's decision on Ms. Baughman's Segway lawsuit against Disneyland is not entirely clear. The settlement terms prevent Ms. Baughman (or anyone else) from seeking to overturn Disney's ban on unrestricted Segway use. The settlement does not appear to prohibit Ms. Baughman from seeking other relief (such as damages) so long as she does not ask the court to overturn Disney's ban on Segways. A hearing in Ms. Baughman's lawsuit is set for September 11, 2012.
See AllDIS UPDATES
- VIDEO: Holiday Storytellers - The Canadian Holiday Voyageurs - New to Holidays Around The World 2013 at Epcot in 2013 are the Canadian Holiday Voyageurs. The Canadian Holiday Voyageurs play multiple sets each day filled with Christmas songs done the Canadian way on the Mill Stage.
- Blog - EXCLUSIVE INTERVIEW with Jonathan Groff from FROZEN
- Guests at All Star Resorts will no longer receive Key to the World cards - As of 12/2/13, guests at All Star Sports Resort will no longer receive a Key to the World card. All information for the resort and parks will be on the Magic Band you receive when you check in. This will begin at All Star Music on 12/4/13 and at All Star Movies on 12/6/13. This system is already in place at Pop Century.
- VIDEO: it's a small world Holiday Full POV Ride-Through - The happiest cruise that ever sailed gets even merrier for the holidays. it's a small world, the 1964 World's Fair attraction that came to Disneyland in 1966, gets a full overlay for the holiday season including decorations and a new soundtrack!
- Atlanta Braves spring training tickets now on sale - The Atlanta Braves return to ESPN Wide World of Sports for their annual spring training. Tickets are first come/first served and the games take place at Champion Stadium.
- Blog - Give Kids the World Village and Giving Tuesday December 3, 2013
- VIDEO: Gran Fiesta Tour POV Ride-Through - Donald Duck disappears on his way to a Three Caballeros performance in Mexico City and his friends, José Carioca and Panchito Pistoles, set out to search for him.
- Blog - Brewing Now: Joffrey’s Disney Parks Collection of Coffees
- Blog - A Brit’s Perspective – Visiting the UK in Orlando
- Specialty food and drink offered for holidays at Epcot - New this holiday season, each country will be serving a specialty food and drink.
- New bus loop at Magic Kingdom open - In addition to regular single stops, there are several double stops that will accommodate two regular buses or one of the new articulated buses.
- Limited Time Magic: Donate a Duffy the Disney Bear to Toys for Tots - Visit the Once Upon a Toy store or the World of Disney store at Downtown Disney and with every $5 purchase, Disney will donate a Duffy the Disney Bear toy to Toys for Tots.
- Limited Time Magic: Jolly Year of the Ear - Celebrate the season in style with Santa Mickey and Minnie Santa ear hats - only available for a short time at the Emporium at Magic Kingdom.
- Times and dates for Epcot holiday storytellers - Each country has its own special theme that highlights its culture. Storytellers will delight you with tales of their heritage and how the holidays are celebrated in their homeland.
- VIDEO: "Let It Go" from Disney's Frozen in Celebrate the Magic - This holiday season, "Let It Go" from Disney's Frozen is featured in Celebrate the Magic, the nighttime projection show on Cinderella Castle.
- VIDEO: Disney Park Bench - Main Street Plaza - Cinderella Castle - Take 5 Minutes to Relax at Main Street Plaza - Cinderella Castle November 11, 2013 - Night
- Blog - Happy Thanksgiving from the Magic Kingdom!
- VIDEO: Disney Park Bench - Main Street U.S.A. Bridge - Main Street U.S.A. - Take 5 Minutes to Relax at Main Street U.S.A. Bridge - Main Street U.S.A., November 11, 2013 - Night
- Blog - Walt Disney World’s Magic Kingdom: Turnstile-Free!
- New holiday entertainment for the Canada pavilion at Epcot - Follow the Canadian Holiday Voyageurs on a musical tour to discover the country's holiday customs.
- Blog - Osborne Family Spectacle of Dancing Lights 101
- Royal Caribbean is offering a $200 Onboard Credit and 50% Reduced Deposit! - The offer is only available for booking on December 2, 3 and 4, 2013.
- Disney Vacation Club members offered event at Splitsville Luxury Lanes - On December 2 and 9 from 5-6:45pm, the experience will include bowling, shoe rental, a shared appetizer, an entree (or kids' meal), a signature beverage and a special DVC gift.
- Several rehabs added for early 2014 - The Magic Carpets of Aladdin, Festival of the Lion King, Kali River Rapids, and the Studio Backlot Tour have all been added to the rehab list.
- Aulani named Best for Families by Fodor's Travel - Aulani was recently named "Best for Families" by Fodor's Travel in their "Top 10 Hawaiian Resorts for 2013" list.
- Blog - Review: “Frozen”
- VIDEO: Disney Park Bench - Main Street Train Station - Main Street U.S.A. - Take 5 Minutes to Relax at Main Street Train Station - Main Street U.S.A., November 11, 2013 - Night
- Limited Time Magic: Thanksgiving Treats Available - Special treats will be available at various locations in the theme parks.
- New Year's Eve dining info for Swan and Dolphin Hotels - The restaurants of the Walt Disney World Swan and Dolphin will be offering special New Year's Eve menus.
- Walt Disney World Annual Passholders can save up to 37% at select hotels - Discount is valid for travel between 1/4/14-3/18/14, 3/14/14-3/29/14, 1/19/14-3/13/14 and 3/30/14-4/12/14.
- Blog - Why I’m excited to take my baby on a Disney Cruise!
- Limited Time Magic: Jingle Cruise poster giveaway - Celebrate the Jingle Cruise at Magic Kingdom and Disneyland Park with a complimentary mini poster while supplies last.
- Several rehabs scheduled for the Magic Kingdom - Among the closings are The Plaza Restaurant, Pinocchio Village Haus, Tomorrowland Transit Authority People Mover, Barnstormer, and the Liberty Square Riverboat.
- Blog - Disney’s Newest Animated Feature “Frozen” Flurries Into Theme Parks On Both Coasts
- The Comedy Warehouse Holiday Special to return? - Rumors are that the popular holiday version of The Comedy Warehouse will be returning to Hollywood Studios this year.
- Blog - EXCLUSIVE: Nikon becomes the Official Camera of Walt Disney World and Disneyland
- VIDEO: Mickey's Very Merry Christmas Party 2013 - What happens when you combine one 30,000 pound, 65 foot tree, one 40 foot star, 5500 twinkling lights, 430 feet of garland, 325 ornaments, 275 feet of strung popcorn, 400 flickering candles, 135 candy canes, 100 gingerbread cookies and the Disney Characters? Why, you have the perfect recipe for Christmas at the Magic Kingdom!
- Mickey’s Very Merry Christmas Party Photography - Creative photos from Mickey’s Very Merry Christmas Party
- Christmas dining options for Walt Disney World - All restaurants on property will be open as normal, but some are serving special Christmas menus.
- Thanksgiving dining options at Walt Disney World - All restaurants on property will be open as normal, but some are serving special Thanksgiving menus.
- New looks available for the holidays at Bibbidi Bobbidi Boutique - Now through 1/3/14, little girls can choose from a Frozen Package or a Holiday Minnie Package.
- Santa Claus comes to Downtown Disney - At the Marketplace, you'll find Santa Claus waiting to greet you at his chalet in front of the World of Disney store.
- VIDEO: Josh Gad - Voice of Olaf in "Frozen" - Interview - Josh Gad, the voice of Olaf in "Frozen" and "World of Color - Winter Dreams" and Tony Award nominee for "The Book of Mormon", takes a few minutes to talk about how important it was to work on a Disney film that led to a theme park experience and the music behind it all.
- All guests at Pop Century will now use MagicBands - As of 11/14/13, guests at Pop Century will no longer receive a Key to the World card. All information for the resort and parks will be on the Magic Band you receive when you check in.
See AllRECENT DISCUSSIONS
More Info ORLANDO HOTELS