Baughman

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IN PART, DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND REMANDING TO STATE COURT

Plaintiff Tina Baughman has a degenerative muscular disease that makes it difficult for her to walk or rise from a seated position. She uses a Segway, a two- wheeled self-balancing- motorized device, for transportation. When Defendant Walt Disney World Co. (“Disney”) refused to allow Ms. Baughman to use her Segway at Disneyland Park (“Disneyland”), Ms. Baughman brought this action under the Americans with Disabilities Act (“ADA”) and various California laws. Ms. Baughman seeks a modification of Disney’s policy prohibiting Segway use so that she may operate her Segway in the park. Disney now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56, arguing that Ms. Baughman’s requested modification is neither necessary nor reasonable. Ms. Baughman also moves for summary judgment under Rule 56, arguing that her requested modification is reasonable. For the following reasons, Disney’s motion for summary judgment is GRANTED as to Ms. Baughman’s ADA claim, and Ms. Baughman’s motion for summary judgment on that claim is DENIED.…