tag:blogger.com,1999:blog-1724814998338928097.post5232762471024770234..comments2024-03-27T03:13:42.345-04:00Comments on The Legal Roller Coaster: A Look At Lawful Discrimination Under The ADA In Light Of The Darien Lake TragedyErik H. Beard, Esq.http://www.blogger.com/profile/12021548329555288575noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-1724814998338928097.post-46733901018661804062012-04-18T22:35:48.964-04:002012-04-18T22:35:48.964-04:00I have a son who has congenital limb loss....and o...I have a son who has congenital limb loss....and of course LOVES ROLLER COASTERS! We have had season passes to Six Flags for the last 6 years. But last week we went to the park during spring break and we were told that he was not allowed to ride ANY OF THE ROLLER COASTERS!!! In fact he could only ride 2 rides....the Syk Ride (cars that go over park on wires) and the Big Wheel (Ferris wheel).....that's it! Not even the merry go round!!!! WOW!!! Due to new guidelines supplied by the ride manufacturers. We were told you have to have a FULL leg and a Full arm...my son has all four limbs affected but he does have both legs down to his ankles and one arm and hand (but the hand is small)....he also has a prosthetic arm that straps securely to his torso....if you view Universal Orlando's guide for people with disabilities, he would be allowed on the rides because they are very specific on how much limb you need...enough natural leg to form a lap and hang down from the seat. Each person with limb loss is very individual...to just say no was very cruel. REGARDLESS OF HOW MUCH LIMB A PERSON HAS....HOW ABOUT THIS FOR A SOLUTION.....With over 2 million people in the US with limb loss, wouldn't one seat on each roller coaster equipped with a five point harness system be a win-win solution for all parties involved? THINK ABOUT IT.....I mean really, let's work together!Joanna Mascinoreply@blogger.comtag:blogger.com,1999:blog-1724814998338928097.post-53917124976618863642011-07-19T18:38:57.916-04:002011-07-19T18:38:57.916-04:00Life isn't fair and people have to accept it. ...Life isn't fair and people have to accept it. Some visitors to amusement parks are not going to be able to ride the coasters. Sorry, but that's the way it is.Nicholas Tuckerhttps://www.blogger.com/profile/05407630973135087396noreply@blogger.comtag:blogger.com,1999:blog-1724814998338928097.post-61877155475785809662011-07-18T10:27:09.067-04:002011-07-18T10:27:09.067-04:00Gordon,
To your point, I tend to agree that the ...Gordon, <br /><br />To your point, I tend to agree that the ADA should have an exclusion for personal safety, but the legislative concern for not having it is probably that it would be too easy to take advantage of and thus would end up swallowing the general rule of accessibility.<br /><br />Also, this weekend a blog entry on the Pittsburgh Post Gazette's website was appropos of this discuussion. http://communityvoices.sites.post-gazette.com/index.php/news/ipso-facto/29450-panic-street-lawyer-farewell-adventureland<br />The author notes that there is no exclusion in Title III of the ADA for personal safety, but also notes that there is such an exclusion in the employment context (Title I). I still maintain, however, that the exception allowing discrimination if the guest lacks criteria "necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered" is sufficient to apply in situations where the guest's participation would cause a direct threat to his / her safety. <br /><br />I disagree, though, with the author's implied message that the ADA requires access in all circumstances. While the new recreational facility guidelines do make accessibility the general rule, and we should strive to make attractions as accessible as possible, there are limits that need to be observed - even under the ADA.Erik H. Beard, Esq.https://www.blogger.com/profile/12021548329555288575noreply@blogger.comtag:blogger.com,1999:blog-1724814998338928097.post-72448448504293490352011-07-14T13:33:25.427-04:002011-07-14T13:33:25.427-04:00Erik,
Yes this was an unfortunate accident. Your...Erik, <br /><br />Yes this was an unfortunate accident. Your post is timely but I would hope that it may also be a catalyst for the Amusement Industry to spark conversations with Industry Lobbyists & Legal Counsel particularly Paragraph 2:<br /><br />An amusement facility may also discriminate on the basis of a disability if allowing a disabled guest to participate would pose "a direct threat to the health or safety of others."<br /><br />My belief is that the words "or themselves" need to be added to Paragraph 2.<br /><br />"a direct threat to the health or safety of others or themselves."MacKay Entertainmenthttps://www.blogger.com/profile/14487939737549407744noreply@blogger.comtag:blogger.com,1999:blog-1724814998338928097.post-59736103081567352252011-07-14T09:34:24.506-04:002011-07-14T09:34:24.506-04:00RedCoat, Thanks for the comment. There are undou...RedCoat, Thanks for the comment. There are undoubtedly times it will be tough to tell that a guest has a disability. Those are much harder questions that will need to be addressed on a case by case basis. But the point I'm making is that we, as an industry, need to be comfortable and confident that we can, indeed must, make the call rather than simply operating under a mistaken conception of the scope of the ADA or relying on notions of guest service that will not stand up in court. The death at Darien Lake is a perfect illustration of the point only because it wasn't really a close call. Sgt. Hackemer was not wearing prosthetics and, from the photos I've seen of him, the extent of his disability should have obvious to anyone.Erik H. Beard, Esq.https://www.blogger.com/profile/12021548329555288575noreply@blogger.comtag:blogger.com,1999:blog-1724814998338928097.post-72232160870802485892011-07-14T09:28:25.434-04:002011-07-14T09:28:25.434-04:00Very well said. I am going to use parts of this fo...Very well said. I am going to use parts of this for discussion in my Hospitality & Event Risk Management class.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1724814998338928097.post-43458424841122553842011-07-13T23:10:05.971-04:002011-07-13T23:10:05.971-04:00How are ride operators suppose to know if you have...How are ride operators suppose to know if you have fake legs and where they start? Assuming the ride only had a lap harness I think he should have realized the only thing holding him in was the strap to his legsRedCoat999https://www.blogger.com/profile/05486382378677098734noreply@blogger.com