Search This Blog


Sunday, August 9, 2009

Brief on Fairness of Disney Segway Ban in Florida Federal Court

If you have a particular interest in the brief I filed in Ault v. Walt Disney World Co. in federal court in Florida, on the fairness of the settlement by the parties which upheld the Segway ban, let me know by a comment here, with your email, and I'd be happy to provide it.

Excerpt - without footnotes -

Plainly, a 100% or blanket ban is a per se violation of the ADA. To the same effect is PGA Tours, Inc. v. Martin, 532 U.S. 661 (2001). The Supreme Court held that a blanket ban on golf carts in professional play violates the ADA; the refusal of a golf association to consider the disabled golfer’s personal circumstances (his use of a golf cart) violates the ADA; 532 U.S. at 688 (“refusal to consider Martin's personal circumstances in deciding whether to accommodate his disability runs counter to the clear language and purpose of the ADA.”). An “individualized inquiry” must be made:

"To comply with this command, an individualized inquiry must be made to determine whether a specific modification for a particular person's disability would be reasonable under the circumstances as well as necessary for that person, and yet at the same time not work a fundamental alteration. "

532 U.S. at 688 (citations omitted).