Thursday, October 8, 2009
In this decision from the Middle District of Florida, Judge Presnell dismissed a 23(b)(2) class action brought by disabled individuals who have been battling Disney for the right to use Segways in the Disney parks. The judge had initially approved a settlement which allowed disabled guests to use a Disney created standing mobility vehicle, but changed his mind and held that the class members did not have standing to bring the lawsuit, thus dismissing the case. The putative class, Judge Presnell ruled, was perfectly capable of accessing the park in wheelchairs or scooters.
I can't help but point out the following painful irony: The class members' lawsuit was based on the theory that the Segway is a preferred mobility vehicle for some disabled persons because it allows them to stand, therefore avoiding some of the alleged indignities of being wheelchair-bound. And, alas, the plaintiffs have lost on grounds of standing.
Additional coverage available here at The American Lawyer.