Access Problem Resolved

Approximately 99+% of the time everything goes well for the Segwayman as far as access to public places is concerned, however, every once in a while I have to become assertive and insist on my rights under the Americans With Disabilities Act. Usually when confronted with a problem I have been able to talk my way into the facility in a very non-confrontational tone. However, on January 6th of this year I ran into a roadblock in Kenwood Mall in Cincinnati when a security guard approached me and informed me that I had to leave the mall because they didn't allow Segways in the facility even when being used by handicapped persons. I had been in the mall with my wife for almost two hours and I told him I would comply with his request, but first asked to speak to a supervisor. He gave me a phone number and I called and spoke to someone in charge and he also told me I had to leave. It didn't make any difference that I had a written statement from my neurologist stating that I need the device for mobility. Boo, hiss, may bad stuff rain down on their heads. Maybe I could help cause that to happen. Just a personal note - I told the officer that I needed to go find my wife, who shopped some more and we left when we were ready - Yuk Yuk Yuk.

Well, I have been having a lot of difficulty in finding an attorney who had some working knowledge of the Americans With Disabilities Act, as my immediate intent was to file a Civil Action suit against them, so instead I filed a complaint with the Ohio Civil Rights Commission. Kenwood Mall is owned by Greenwood Properties, Inc. out of Chicago. They also own several malls throughout the US. Their policy being no access by handicapped persons using a Segway in any of their malls - Boo, hiss again.

The bottom line is that the complaint got some action and I recently learned that the complaint would be resolved if I agreed to use my Segseat when in the facility and signed a statement absolving the mall of any liability if an accident occurs. Easy, I was getting a seat anyway and have never had any kind of accident involving anyone else and feel very confident in my ability to handle the machine in crowds of people. (Using the Segseat was my idea, the mall attorneys came up with the accident statement)

Just for interest sake to anyone else who might encounter a similar problem, below is an official statement from the US Department of Transportation regarding Segway use by handicapped individuals. I carry this with me in my Segway bag also.

DEPARTMENT OF TRANSPORTATION DISABILITY LAW GUIDANCE

“The Segway is a two-wheeled, gyroscopically stabilized, battery-powered personal transportation device. The Segway is not designed primarily for use by individuals with disabilities, nor is it used primarily by such individuals. However, some individuals with disabilities may use a Segway as a personal mobility aid, in lieu of more traditional devices like a wheelchair or scooter. The Department’s ADA rule (49 CFR Part 37, §37.3) defines a “wheelchair” as “a mobility aid belonging to any class of three or four-wheeled vehicles, designed for and used by individuals with mobility impairments...” (emphasis added). By this definition, a Segway is not a wheelchair. However, a Segway, when used by a person with a disability as a mobility device, is part of the broad class of mobility aids that Part 37 intends will be accommodated (see for instance §§37.5 and 37.165). In this way, a Segway occupies a legal position analogous to canes, walkers, etc.”

The above taken from a statement issued by the US Department of Transportation dated September 1, 2005.