Erik Beard - Interpreting 11th Circuit Court of Appeals Decision and Next Steps
ELEVENTH CIRCUIT COURT OF APPEALS CHANGES THE GAME ON RIDE & WATERSLIDE ACCESS UNDER THE AMERICANS WITH DISABILITIES ACT
On July 7, 2023, the Eleventh Circuit Court of Appeals issued a game-changing decision on ride and waterslide access for guests with disabilities under the Americans With Disabilities Act. The decision, which was unanimous from the three-judge panel, precludes reliance on conclusory manufacturer recommendations on ride access to satisfy ADA obligations for ride access and requires owners and operators of amusement rides and devices to obtain further data underlying the manufacturer recommendations to establish the presence of an ?actual risk? to the rider?s safety.
Erik will be reviewing the decision and how, if left unchanged, it will affect the industry now and into the future.