Mall Faces Lawsuit over Segway

Mall Faces Lawsuit over Segway 
	
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
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