Updated ADA rules posted today

[KPeveler]

The regs allow Disney or any public accomodation to ask for the presentation of a valid state issued disability placard, they even add that if the placard has expired than it is not valid. Most people who know that that is the rule will be prepared and comply.

Lets assume there is a shady rental company that tells their patrons to lie about how long they have used a Segway. If their customer has an accident and Disney discovers that the company is telling their customers to lie, what do you think Disney's legal Dept will do to that company? A reasonable rental company will want to independently verify that their customer has a valid disability placard and has sufficent experience to use the machine safely at Disney prior to renting a machine outside a Disney venue. The rental company absolutely could have a prerequisite of a presentation of a valid state disabled placard to rent their machines for use within Disney.

Disney has plenty of security that knows how to eject someone acting recklessly within their parks.

I doubt that you will find people checking for proof of disability before renting the Segways. In fact, if the person needs it for a disability, it would be illegal to ask for proof of a disability, just like Disney cannot ask for proof of a disability before renting out an ECV or wheelchair. And a disability placard does not mean anything other than the person cannot walk more than 200 feet without some kind of assistance or is blind etc... I had a wheelchair for months before getting my disability placard. Some people do not have one because they live in cities and do not drive, etc.

Asking if a person has experience with a Segway is perfectly legal and SHOULD be asked. I doubt, however, that many companies will. I am guessing that many companies that already rent wheelchairs and ECVs will just add Segways to their websites...

 

[peemagg]

Personally I think it is kind of like the difference with using a manual wheelchair and a power wheelchair. Most of the people who use a power chair have to have experience with it before renting from an outside company. Does that stop me a person who has never used one from renting one? No. I can lie and say that I have experience and the company has to take my word on it. I think the same will go with the Segways and rental companies. Anyone who wants to rent one will be allowed to if they have the cash. A company will have no way of knowing whether or not I know how to use one safely. They might even just have you get on and show them you can ride a bit (anyone who has done one of the tours could bluff their way through this. It doesn't mean that they are experienced or have any right on the thing unsupervised), then leave and the person is on their own. No real safe way to judge how it can be safely rented to anyone, without going against ADA laws and asking for proof of disability and proof of experience.

 

[fredkap]

The new regs create two tiers of mobility devices. Tier one are devices designed predominantly as mobility devices which retain the present legal protections and tier two which predominately covers Segways which are devices that were not predominately designed as mobility devices but are used as mobility devices by some of their users. Tier 2/Segway users are permitted access under the new rules where they must provide a valid state issued disability placard or may give a verbal representation not contradicted by visual observation.

A business renting Segways for use within Disney would want to verify that their customer and machine are not turned away at the door. They would be within their rights to request a copy of a state issued disability placard. They would be within their rights to verify that the potential user has sufficient experience to use the device within the Disney parks. I would guess that those that want to use a machine without presenting a placard might have their experience verified more carefully. Disney could have all Segway users stop by their Segway tours location and be verified by the staff there. At this point in time there are probably less than 100 requests per year from qualified individuals to use a Segway within both Disneyland and Disney World. This is very manageable.

 

[livndisney]

The new regs create two tiers of mobility devices. Tier one are devices designed predominantly as mobility devices which retain the present legal protections and tier two which predominately covers Segways which are devices that were not predominately designed as mobility devices but are used as mobility devices by some of their users. Tier 2/Segway users are permitted access under the new rules where they must provide a valid state issued disability placard or may give a verbal representation not contradicted by visual observation.

A business renting Segways for use within Disney would want to verify that their customer and machine are not turned away at the door. They would be within their rights to request a copy of a state issued disability placard. They would be within their rights to verify that the potential user has sufficient experience to use the device within the Disney parks. I would guess that those that want to use a machine without presenting a placard might have their experience verified more carefully. Disney could have all Segway users stop by their Segway tours location and be verified by the staff there. At this point in time there are probably less than 100 requests per year from qualified individuals to use a Segway within both Disneyland and Disney World. This is very manageable.

So ANYONE could use a Segway in the park by simply saying "I need one". The point many are trying to make here is who at Disney (or any other park for that matter) is qualified or will actually tell a guest no based on "visual observation"?

As far as "probably less than 100 requests" a year...... What is this based on?

 

[kaytieeldr]

With regard to the "keeping it real part" if you have read the new reg's closely you will notice that it gives the venue a little more latitude in determining disability. The truth is that a person with a disability who is not trained to use the Segway would rarely if ever choose to rent a Segway over a scooter. And candidly an untrained user presents more of a risk to themselves than to others.

I don't think the concern is with disabled Seqway users. I think the concern is the fakers. How do you safely chase down someone speeding on a Segway?

The new regs give Disney the right to ask if you have a state issued disability placard.

The right to ask if they have a placard. but they can't ask to see proof that I am aware of. If it is just the right to ask anyone can say "yes I do have a placard".

See, that standard makes no sense to me. Someone with no vehicle and no access to a vehicle won't have a state-issued disability placard. Its sole purpose is for parking. On the other hand, my sibling and my dad each had one, yet neither of them should ever have gone near a Segway!

 

[BillSears]

Asking for a disabled parking permit makes no sense. My parking permit would be back at my car in the handicapped parking spot.

 

[kaytieeldr]

The regs allow Disney or any public accomodation to ask for the presentation of a valid state issued disability placard,

This makes no sense to me. How can I park my car in a handicap parking space if I have to present the placard to use a Segway as my mobility assistance device in the park? What if I have a plate and not a placard?

They would be within their rights to request a copy of a state issued disability placard.

Really? A copy isn't valid anywhere else.

Lets assume there is a shady rental company that tells their patrons to lie about how long they have used a Segway.

You know this is the World Wide Web, where information spreads faster than wildfire, right? There are ALREADY websites with detailed descriptions how to change out the keys so the fast keys look slow, along with what the abled need to say and do to use Segways in the parks. No rental company needs to do anything shady. Human nature has THAT covered.

 

[Gwinfred]

Look folks Disney isn't an island if this nightmare you envision were going to happen why hasn't it already happened at Universal they've allowed Segways for years!

No issues at all Nada!

 

[livndisney]

Look folks Disney isn't an island if this nightmare you envision were going to happen why hasn't it already happened at Universal they've allowed Segways for years!

No issues at all Nada!

Again apples to oranges. Universal is in no way as accessible as Disney and has fewer guests per year.

 

[SueM in MN]

I am going to close this thread at this time because there has been some argument (which I deleted).
It may be opened back up after KPeveler and I have a chance to discuss it.

For right now, I am leaving with some links to past threads. The issues are different, but there are quite a few interesting facts and interesting discussion:
Segway discussion June 2009

Segway discussion October 2007 (with a link in the first page in my post to an earlier thread).