Mall Faces Lawsuit over Segway

Monday, April 02, 2007 


By Jason Gibbs Sun-news reporter

Las Cruces Sun-News

LAS CRUCES  A disabled Las Crucen is suing the corporation that
manages Mesilla Valley Mall and its local manager for prohibiting
him from entering the mall on his Segway.

The American Civil Liberties Union of New Mexico claims that Jones
Lang Lasalle, Inc. is violating John R. Funk's rights under the
Americans with Disabilities Act. Funk, who suffers from severe
scoliosis and spinal stenosis, uses the Segway as an alternative
to a wheelchair as his principal assistive transportation device.

According to court documents, Funk is listed as the chief
operations officer for Covenant Clinics in Las Cruces. On March
10, Funk and his twin daughters attended a movie at the mall then
attempted to enter the food court area.

According to the suit, mall security asked him to leave and told
him his Segway  a self-balancing, two-wheeled transportation
machine he rides due to his disability  was not safe for use in
the mall.  A spokeswoman for the mall on Friday released the following
statement:  "The Mesilla Valley Mall is committed to being an open and
accessible mall to all patrons," the corporate statement said.
"Safety is also a top priority. In an effort to ensure the safety
of all mall customers, we have a policy in place that prohibits
unauthorized motorized vehicles being used in the mall.
"To assist all of our disabled shoppers, the mall is happy to
provide wheelchairs, which was offered in this situation."

The ACLU maintains that is not adequate in this case.  "Mr. Funk prefers to use a Segway over a wheelchair because it allows him to stay at eye level with other people," said ACLU executive director Peter Simonson. "The mall is penalizing him for
trying to overcome the effects of his disability in this way. Too
often, people with disabilities are treated as second-class
citizens, shunned and segregated by physical barriers and social
stereotypes."

The case has been assigned to District Judge Robert Robles of Las
Cruces, and seeks unspecified financial compensation, as well as
an injunction to allow him to continue to use his Segway in the
mall.

Jason Gibbs can be reached at jgibbs@lcsun-news.com
 
Source: Las Cruces Sun-News