CONTACT: Whitney Potter (505) 266 5915 ext. 1003, Cell (505) 507 9898 or Joleen Youngers (505) 541-8000, Cell (505) 496-7422
ALBUQUERQUE – The corporation that manages Mesilla Valley Mall in Las Cruces, Jones Lang Lasalle Inc., and its local manager, agreed to allow a man with a disability to operate his Segway, a motorized transportation device, in the mall until a hearing on the requested injunction is held in the lawsuit filed against them on March 29th, 2007. The defendants removed the case from state to federal court. The motion on a preliminary injunction will be heard on May 1st, 2007 at 1:30 PM before federal judge Judith Herrera in Albuquerque.
“Allowing Segways is an easy way the mall can accommodate people with disabilities, and in the process remove a barrier, enabling people with disabilities to more fully participate in society,” said Whitney Potter, Communications Manager of the American Civil Liberties Union (ACLU) of New Mexico.
John R. Funk, who suffers from severe scoliosis and spinal stenosis, uses the Segway as an alternative to a wheelchair. The Segway allows him to remain vertical, rather than sitting, which has multiple benefits for his health and well-being. The ACLU of New Mexico claims Jones Lang Lasalle Inc. and the mall’s local manager have violated John R. Funk’s rights under the Americans with Disabilities Act (ADA) by prohibiting him from entering the mall on his Segway.
Funk seeks an order compelling the mall to modify its policy to allow Funk and other people with disabilities to use assistive mobility devices such as the Segway, and not only traditional, and less agile, devices such as wheelchairs.
Joleen K. Youngers of Almanzar & Youngers, P.A. and George Bach, ACLU of New Mexico Staff Attorney are litigating the case.
###
Related Documents:
