Disney Probably Won't Have To Allow Segways ... But What About Other Parks & FEC's?

The Ninth Circuit's decision in Baughman v. Walt Disney World, Inc., has gotten a lot of attention over the last couple of weeks. Disability advocacy groups are touting it as a big win for accessibility.  However, I do not really see it that way.  In fact, as I've already written, I think this was the WRONG case for the Ninth Circuit to have even reached the issue, given that Ms. Baughman can't seem to decide whether she uses a wheelchair because she cannot stand or uses a Segway because she cannot sit.  But, putting that aside, I also do not think the case will ultimately result in Disney being required to allow Segways in its parks.  The bigger question is what, if any, effect the decision might have on other parks and family entertainment centers - particularly those that lack the seemingly limitless resources of Disney.

The Outrageous Reason The Disneyland Segway Ruling Should Never Have Occurred

On Wednesday, the Ninth Circuit Court of Appeals in California issued a ruling in a case called Baughman v. Walt Disney World ordering Disney to study the use of Segways at Disneyland.  The opinion is rather glib from start to finish.  Its opening line:  “Segways at Disneyland?  Could happen.”  Its ending line:  a quote from Walt Disney himself, “Disneyland will never be completed as long as there is imagination left in the world.”  While I seriously doubt that Walt was talking about the possibility of never-ending accessibility modifications under federal regulations, the bottom line is that the Court ordered Disney to determine whether “Segways can’t be operated safely in its parks.”  Whether Disney, the industry, or I agree with the Court’s legal analysis of the ADA or not is, at this point, largely irrelevant – in all likelihood, it is not going to change.  However, I did want to address a genuine and disturbing issue that this case raises; one that I have seen no coverage about or commentary on in any of the media reporting on this story:  the fact that, in issuing this decision, the Ninth Circuit essentially condoned the practice of abusive ADA litigation brought by plaintiffs who may, or may not, actually have the disability they claim. 

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.