- Joined
- Aug 23, 1999
Some doctors are skilled at judging pain level and only prescribing what is needed. Some ar not.Doctors judge levels of pain every day, "based on the patients word for it." But, doctors are also trained to spot malingerers, too. This is part of the "art" of medicine. We get our handicapped plates because they do- we get our authorizations for assistive devices to submit to third-party payers because they do- we get our medications and surgeries because they do. I think we can can count them to do the right thing.
Some doctors do the right thing with assistive devices and parking permits, but not all.
Even if they did, the fact still remains that the ADA says a person with a disability can't be forced to prove their disability in order to get accomidation.
You can be asked "what type of assistance do you need?"
You can't be forced to prove a disability.
And the fact still remains that pain is hard to judge, even for professionals. Even for people who in specialized settings like Pain Clinics.
Disney could stop renting them in the parks as a courtesy. They could not ban their use on safety reasons if someone brings their own or one they rented from off-site.But, the fact remains, ECVs are a courtesy and Disney doens't need to allow them at all if they perceive there is abuse, not to mention the current fact that if the rentals run out, why don't they increase they rental pool? Because they don't want to encourage their use. So, to think their helpfulness is going to continue as more and more folks decide to use ECVs is only true up to a point. If they start causing significant problems for other park visitors, they'll be banned on safety reasons.
I'm just looking for a way out of this that would preserve the rights of the disabled.
If that individual person is acting in an unsafe manner, they could ask/force that individual person to leave because of their actions.
ECVs do fit the definition of "common wheelchair" that is recognized by the ADA.
"Section 37.3 of the DOT’s regulations implementing the Americans with Disabilities Act of 1990 (ADA) (49 CFR Parts 27, 37, and 38) defines a "common wheelchair" a mobility aid belonging to any class of three or four-wheeled devices, usable indoors, designed for and used by individuals with mobility impairments, whether operated manually or powered. A "common wheelchair" does not exceed 30 inches in width and 48 inches in length measured two inches above the ground, and does not weigh more than 600 pounds when occupied.
Is an electric scooter or other mobility device a common wheelchair?
If an electric scooter or other mobility device meets the physical specifications of a common wheelchair as defined by the DOT’s ADA regulations, it must be treated as a common wheelchair."
If it meets that definition, it is a "common wheelchair".