Six Flags Just Earned A Win In An ADA Case - And No One Seems To Have Noticed

Forest or Trees?

Last week, as I was toiling away on a big case I’m working on, my email inbox blew up with news of an ADA case out of a federal court in New Jersey involving Six Flags Great Adventure.  As many of you know, I usually pay close attention to such things, and the news I was hearing was uniformly bad:  “Six Flags lost another ADA decision,” some told me.  “The judge in New Jersey got it dead wrong, just like the judge in Texas,” said others.  “These judges are starting a war between parks and manufacturers,” someone else suggested.  The newspaper headlines seemed to uniformly focus on the “victory” for the disabled plaintiff.  Unfortunately, it took me a few days to get around to actually reading the decision, and guess what?  Much to my surprise, I disagree with much of the reaction I had encountered.  In fact, while it is not a home run for Six Flags, there is much in the decision that is extremely good for the industry in terms of ADA compliance.  Yes, at the end of the day Six Flags lost this particular ruling, but focusing on that is a mistake as it overlooks two very positive aspects of this ruling for the industry, and the strong chance I believe Six Flags will have to win this case should it go to trial.  

IAAPA Is Over, So What's Next? How Does A Couple Of Days In New Orleans In February Sound?

IAAPA 2014 in Orlando was a huge success!   From talking to my clients and peers that were there, I think all agree that the quality of the educational sessions and networking opportunities was, as usual, consistently fantastic.  But what now?  Well I have a suggestion.  How about a trip to New Orleans in the dead of winter?  Sound good?
 
Recently, the American Conference Institute reached out to me about being a media partner for an upcoming, and first of its kind, conference on Recreation, Leisure, and Amusement Park Compliance and Litigation.  Now, over the years, I've had a few whispers from various people about setting something like this up, but nothing that has either been backed by someone like ACI, who has A LOT of experience with quality business conferences on a variety of topics, or that I thought would be of interest to a broad swath of the industry.  Well, that's all about to change.

Why Six Flags' Loss In A Recent ADA Decision Might Ultimately Be Good For The Amusement Industry As A Whole

Over the last couple of years, I have told you about a very important case in our industry called Castelan v. Universal Studios.  Castelan was the first decision of its kind to shed some light on the standards applicable to amusement rides under the Americans With Disabilities Act.  I won’t re-hash what I said about the Castelan case again (you can click here and here to read my coverage of that case), but suffice it to say that a big takeaway from Castelan was its holding that, in states that required operators to follow ride manufacturer recommendations, the Americans With Disabilities Act allowed amusement ride owners and operators to use a ride manufacturer’s accessibility restrictions as, in effect, a proxy for proof that allowing disabled guests to ride created an “actual risk” of injury to that guest that satisfied the “legitimate safety requirements” exception to the ADA.   (If you didn’t understand that sentence, I highly recommend reading this for some clarification.)  Well, a federal court in Texas has recently weighed in on the issue and has reached a very different result – ruling against Six Flags Over Texas in a nearly identical case to Castelan and, in fact, rejecting much of the Castelan decision in the process.  The decision is certainly a bad result for Six Flags in that case, but is it a bad decision for the industry as a whole?  Many will undoubtedly say it is.  I don’t necessarily agree. 

GameChanger? (Part 2) - Can Ride Owners Rely On Manufacturer's Recommendations To Satisfy The ADA?

In my last piece, I told you about a recent ruling from the District Court for the Central District of California in a case called Castelan v. Universal Studios which granted judgment in Universal’s favor in a case alleging violation of the ADA brought by two disabled guests that were not permitted to ride The Mummy because they did not meet the minimum ride requirements of one functioning arm / hand and one functioning leg.  The court premised its ruling on two independent grounds.  The first, which was the subject of my last piece, was that the ADA did not require amusement ride access to guests with disabilities.  That part of the ruling is, in my opinion, as questionable as it potentially game-changing and should be taken with the proverbial grain of salt for the time being.  But the second basis for the court’s judgment was both exactly what I would have argued in Universal’s place and finally gives us some long awaited guidance.  So, let’s talk about that one and what it could mean for the industry moving forward.  A little preview – This holding might not be perfect, but I think it has a lot more legs than the first one.

GameChanger? California Court Holds Disabled Access To Amusement Rides Not Required By The Americans With Disabilities Act

In July 2012, I told you about a lawsuit filed against Universal Studios Hollywood that I described at the time as “the most important industry lawsuit in years” and “one of the rare legal decisions that could equally impact the day-to-day operations of a small FEC and a huge multi-park resort.”  The case was Castelan v. Universal Studios, filed in the U.S. District Court for the Central District of California.  Why was it such a big deal?  Because it was poised to be the first case to squarely put at issue the extent to which the Americans With Disabilities Act requires amusement facilities to allow ride access to disabled guests.  The ADA has been around for more than two decades, but surprisingly there are no cases that have spoken to this particular issue.  On January 10, the court issued a ruling granting judgment in favor of Universal Studios finding, essentially, that an operator of an amusement ride may exclude disabled guests for virtually any reason without violating the ADA.  The decision is remarkable in that it flies in the face of long standing consensus belief  – even in the amusement industry – about the ADA.  Is it a game changer for the amusement industry?  Could be.  But don’t everyone get too excited just yet.    

The Most Important Amusement Industry Lawsuit In Years May Have Just Been Filed In California

Do disabled guests have an absolute right to ride amusement rides under the Americans with Disabilities Act?  That's the question posed in what could be one of the most significant amusement-related lawsuits to be filed in years.  Assuming this suit does not settle, and this is the kind of suit that might not, the result of this lawsuit could have significant ramifications on our industry from both a liability perspective and a guest-service perspective.  It could affect the way rides are designed and manufactured.  It could affect operational protocols and procedures.  In short, I do not believe it is an understatement to say that this is a lawsuit that every member of our industry needs to watch.  It is one of the rare legal decisions that could equally impact the day-to-day operations of a small FEC and a huge multi-park resort.  It is potentially that big.