Walt Disney World Co. has settled a discrimination suit over its ban on two-wheeler Segways at its Florida theme parks by agreeing to provide disabled guests with at least 15 newly-designed four-wheeled vehicles.

Three disabled plaintiffs filed the proposed class action in November 2007, alleging Disney's anti-Segway policy violated the Americans with Disabilities Act because it “has the effect of denying full access and enjoyment of the parks to those disabled individuals, like Plaintiffs, who rely upon the Segway for their mobility.”

Disney claimed Segways could endanger the safety of other theme park guests and that it adequately accommodated disabled guests by providing wheelchairs and motorized scooters for rent. But in a settlement agreement filed last week, the company agreed to develop a completely new electric stand-up vehicle (ESV) “for use by guests who claim to have a mobility impairment or disability and need to use a stand-up mobility device.”

“The Settlement Class agrees that the ESV satisfies their claims to the benefits which a Segway allegedly provides, while meeting Worldco’s concern for the safety of all its guests,” the agreement says.

The ESV will have four wheels and, like the Segway, be designed for operation while standing. Delivery is expected to begin April 1, 2009, but the settlement does not say how much it will cost to rent the vehicle.

Plaintiffs Mahala Ault, Stacie Rhea and Dan Wallace said in their complaint that the rental of a motorized scooter increased the cost of a theme park visit by more than 50 percent and required “a long walk” from parking areas to the place where scooters and wheelchairs are rented.

Disney also agreed to give each of the plaintiffs $4,000 toward a one-week stay for a family of four at a Walt Disney World hotel, provide each of them with a complimentary ESV during their next visit to one of the parks, and pay $70,000 in fees to counsel for Rhea and Wallace. The fees for Ault's lawyers will be decided by a judge.

Elsewhere in the Southeast, Spanx Inc. of Atlanta, which makes slimming “body shaper” underwear for women, has settled a case against Sexy Panties and Naughty Knickers Ltd. alleging the British company's use of the “SPANK” acronym infringed on its trademarks.

Under the settlement, Sexy Panties agreed not to sell any clothing bearing the Spank mark in the U.S. and Canada after Sept. 30, 2009. The company says it halted production of those items last year.

By Matthew Heller
12/9/08