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.