FOR IMMEDIATE RELEASE May 2, 2007
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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Related Documents:

Stipulated TRO
Segway Complaint
Segway Motion for TRO and Preliminary Injunction

FOR IMMEDIATE RELEASE April 12, 2007
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.

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Related Documents:

Stipulated TRO
Segway Complaint
Segway Motion for TRO and Preliminary Injunction

FOR IMMEDIATE RELEASE March 29, 2007
CONTACT: Whitney Potter (505) 266 5915 ext. 1003 Cell (505) 507 9898 or Joleen Youngers (505) 541-8000
Las Cruces, NM—A man with a disability is suing the corporation that manages Mesilla Valley Mall in Las Cruces and its local manager for prohibiting him from entering the mall on his Segway, a self-balancing, two-wheeled transportation machine.  The American Civil Liberties Union (ACLU) of New Mexico claims that Jones Lang Lasalle, Inc. is violating John R. Funk’s rights under the Americans with Disabilities Act (ADA).  Funk, who suffers from severe scoliosis and spinal stenosis, uses the Segway as an alternative to a wheelchair as his principal assistive transportation device.
“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 local mall’s manager has refused to reasonably accommodate Mr. Funk’s disability and allow him access to the mall.  Funk has enlisted Las Cruces attorney Joleen K. Youngers and the American Civil Liberties Union of New Mexico to sue the mall’s management.  Ms. Youngers and the ACLU have requested a temporary restraining order and preliminary injunction so that Funk may be allowed back into the mall while the case is pending.
Segways have become popular among come veteran groups because of the advantages that they present over wheelchairs for severely injured servicemen and women.  In September 2005, a group called Disability Rights Advocates for Technology (DRAFT) launched a nation-wide campaign (Segs4Vets) to provide Segways to every U.S. soldier who has been disabled by an injury while serving our country.
As part of the lawsuit, 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.
ACLU of New Mexico cooperating attorney Joleen K. Youngers of Almanzar & Youngers, P.A. and ACLU of New Mexico staff attorney George Bach filed the lawsuit yesterday in the Third District Court in Las Cruces.  The case has been assigned to the Honorable Robert E. Robles.

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Related Documents

Stipulated TRO

Segway Complaint

Segway Motion for TRO and Preliminary Injunction