I recently asked permission to use a Segway as a mobility device at the US Naval Academy. The request was rejected for two reasons as quoted below:

1) "We fully support the use of mobility devices for the disabled; however the ability of the Segway to travel at relatively high speeds makes it significantly different from normal mobility devises such as motorized chairs."

2) "Often we have large crowds moving from one place to another in the capacity of their duties as well as large crowds from sporting and other special events. Due to these crowded conditions, the limited areas of the Naval Academy, and other safety considerations such as uneven historic walks, Segway operation on the on the facility is not approved."

They add. "The use of a standard mobility device is fully supported." and "We allow personnel with handicap credentials to drive their vehicles aboard the facility and part in marked handicapped parking spots."

I don't know where to begin. In my request I offered to travel at a walking pace. I did not inform them that the Segway can be programed to a specific speed.

The argument about the uneven pavement is ludicrous. If it is unsafe for a Segway, it's unsafe for a pedestrian or any other mobility device.

They refer to standard Mobility devises. Has any legal entity actually defined a standard mobility device?

As a side note, their comment concerning the handicapped parking spots is laughable. Handicapped parking on the facility is virtually nonexistent in the areas of the facility that I need to visit.

At this point, I am going to respond to their letter of denial with my arguments. I would like to get your input so that I can make the most compelling argument possible.

I have seen a good bit of information dated from 2008 where the ADA defines “Other power driven mobility device." what I saw basically was a request for input prior to initiating new regulations. Does anyone know if the regulation ever went into effect? Does anyone know if there are any other relevant laws, case law or regulations that I should cite?

It is my strong preference to resolve this diplomatically; however, If I'm denied again, it is my intention to take this to court. Is there anyone that I should contact that may be of assistance, should this be necessary?

Thanks

Russ Hewitt

russ498@yahoo.com