CONTACT: Whitney Potter (505) 266 5915 ext. 1003, Cell (505) 507 9898 or Joleen Youngers (505) 541-8000, Cell (505) 496-7422
ALBUQUERQUE – The Mesilla Valley Mall in Las Cruces agreed to a preliminary injunction that will allow John R. Funk to operate his Segway in the mall. Funk, who suffers from severe scoliosis and spinal stenosis, uses the Segway as an alternative to a wheelchair.
The American Civil Liberties Union (ACLU) of New Mexico claims that Jones Lang Lasalle, Inc., the corporation that manages Mesilla Valley Mall, was violating Funk’s rights under the Americans with Disabilities Act (ADA).
The preliminary injunction will remain in effect until a full trial on the merits of the ACLU suit. A settlement conference before U.S. Magistrate Judge William P. Lynch is set for Tuesday, May 29th, 2007.
Joleen K. Youngers of Almanzar & Youngers, P.A. and George Bach, ACLU of New Mexico Staff Attorney are litigating the case.
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