Baughman

Segways at Disneyland? Could happen.

Facts

Tina Baughman suffers from limb girdle muscular dystrophy, which makes it difficult for her to walk or stand from a seated position. Baughman nevertheless hoped to fulfill her daughter’s eighth-birthday wish: a visit to the happiest place on earth. She contacted Disneyland to explain her physical limitations and request permission to use a Segway, a two-wheeled mobility device operated while standing. See Appendix 1. Disney’s policy is to allow wheelchairs and motorized scooters; “two-wheeled vehicles or devices,” like bicycles and Segways, are prohibited. Disney refused to make an exception for Baughman.

Baughman sued Disney under the Americans with Disabilities Act (“ADA”), claiming that Disney denied her full and equal access to Disneyland. The district court held that Baughman was judicially estopped from claiming she can’t use a motorized wheelchair, so there was no genuine issue of material fact as to whether it was “necessary” for Baughman to use a Segway to visit Disneyland. It therefore granted summary judgment for Disney.

Discussion

I. Judicial Estoppel

In three prior lawsuits, Baughman claimed that “she has a…