Disability activists urge court to reject Disney's Segway restrictions

From The AP:

ORLANDO, Fla. — Activists for the disabled brought their Segways into a federal court June 3 to urge a judge to reject a settlement between Walt Disney World and three visitors restricting the use of the personal transporters at the resort.

Two-dozen activists parked Segways in the back of the courtroom where U.S. District Judge George Presnell is considering whether to approve the settlement between Disney and three visitors who were prohibited from bringing the vehicles into the theme parks.

The agreement allows Disney to continue placing restrictions on the use of Segways at its theme parks. The resort prohibits the unsupervised use of Segways for safety reasons, even though employees use them and Disney operates supervised tours for guests using the two-wheel, upright scooters. Under the January settlement, Disney patrons can rent electric standup vehicles, but can't bring their own Segways.

Disney agreed to pay each plaintiff $4,000 and two of the plaintiffs' attorneys fees of $70,000. One of the plaintiffs used a Segway because of multiple sclerosis, another because of an partially amputated foot and a third because of Lou Gehrig's disease, according to the original lawsuit.

Many people who can stand but can't easily walk prefer Segways to wheelchairs.

The U.S. Justice Department filed an objection to the settlement in March in a friend-of-court brief, claiming the settlement violates the Americans with Disabilities Act. Florida Attorney General Bill McCollum also filed an objection, along with attorneys generals in 22 other states.

"The Department rarely objects to the voluntary settlement of ADA claims between private litigants," according to the Justice Department filing.

Kerry Scanlon, a Disney attorney, said the vehicles available for rent at the parks provide adequate access. They cost $45 a day to rent, Disney spokeswoman Andrea Finger said.

"We are providing real access to the parks in the same way everybody else has access," Scanlon told the judge.

Hearings on the settlement are expected to last several days.

One of the plaintiffs in the original lawsuit, Dan Wallace, said he thought the settlement was fair. Wallace, 32, of Chatham, Ill., sued after he learned while planning a family vacation that he would not be able to bring his Segway. He has a partially amputated foot.

"I would prefer to have my Segway," Wallace said. "But I really do think this is the best option that I could come out with. It's a great compromise."