United States Ninth Circuit

In plaintiff's suit against Disney under the Americans with Disabilities Act (ADA), claiming that Disney denied her full and equal access to the theme park in denying her request to use a Segway, district court's grant of summary judgment in favor of Disney in holding that plaintiff was judicially estopped from claiming she can't use a motorized wheelchair is reversed and remanded, where although each of the New Hampshire factors supports the district court's ruling that plaintiff is estopped from claiming she can't use motorized wheelchair or scooter, as new devices become available, public accommodations must consider using or adapting them to help disabled guests have an experience more akin to that of non-disabled guests.

Appellate Information

• Decided 07/18/2012
• Published 07/18/2012

Judges

• Kozinski

Court

• United States Ninth Circuit

Counsel