For those that are interested, after the California federal court of appeals (let's refer to this as the "Disneyland" appeal) issued its decision, DRAFT and others provided a copy of the decision to the federal court of appeals hearing the Orlando Segway lawsuit (the "WDW" appeal). Yesterday, Disney filed a
response that sharply criticized the Disneyland ruling. So far as I can tell, this is the first public comment by Disney about the Disneyland decision.
Disney's letter, written by lawyers for judges, is pretty technical. In essence, though, Disney's position is that the Disneyland decision does not affect the WDW settlement. While there is some obvious similarity, the issues in the two appeals are fundamentally different. The issue in the Disneyland lawsuit was limited to whether the ADA itself required Disney do more than permit wheelchairs. The issue in the WDW lawsuit is whether the Orlando federal court really messed up when it approved the settlement in the class action.
First, Disney says, the Disneyland decision did not address Segway safety in the theme parks. The Orlando court did, finding that Disney had proven there were significant safety risks.
Second, Disney listed five legal reasons why the Disneyland decision is "wrong" (Disney's word, not just mine). Disney isn't taking the Disneyland decision lying down.
Disney's letter doesn't say what Disney will do next in the Disneyland lawsuit. The tone of the letter suggests Disney may pursue further appeals, especially if it receives a favorable ruling in the WDW appeal. It might also decide that further appeals would not be cost effective and ask the California trial court to decide whether Segways pose too great a safety risk.
And as for the WDW appeal, the court heard argument on the appeal in late June so we could receive a decision any day - or in six month from now.